Revised Ordinances of Honolulu
(Link to original Word Processing Version)
Chapter 6
RE VOLVING SPECIAL FUNDS, HOUSING MORTGAGE LOANS AND FEES
Articles:
1. Municipal Stores Revolving Fund
2. Payrolls Clearance Fund
3. Highway Fund
4. Treasury Trust Fund
5. General Trust Fund
6. Improvement District Bond and Interest Redemption Fund
7. Housing and Community Development Revolving Fund
8. General Obligation Bond and Interest Redemption Fund
9. Community Renewal Program Fund
10. Service Fees for Disposition of Real Property
11. Fee Schedule for Public Records
12. Public Records
13. Federal Grants Fund
14. Special Projects Fund
15. Furnishing of Electronic Data Processing Services
16. General Improvement Bond Fund
17. Highway Improvement Bond Fund
18. Bus Transportation Fund
19. Federal Revenue Sharing Fund
20. Highway Beautification and Disposal of Abandoned Vehicles Revolving Fund
21. Bikeway Fund
22. Community Development Fund
23. Housing and Community Development Section 8 Contract Fund
24. Farmers Home Administration Loan Fund
25. Parks and Playgrounds Fund
26. Housing and Community Development Rehabilitation Loan Fund
27. State Special Use Permit
(28. Special Trust Fund. Repealed by Ord. 00-07)
28. Reserved
29. Standards for the Appropriation of Funds to Private Organizations
30. Liquor Commission Fund
(31. Housing Assistance Fund. Repealed by Ord. 98-30)
31. Reserved
32. Establishing Maximum Interest Rate for Urban Renewal Project Notes
33. Establishing Maximum Interest for General Obligation Bonds
34. Housing Loan and Mortgage Programs
35. Hotel and Boardinghouse Annual License Fee
36. Capital Projects Fund
37. Federal Grants Capital Projects Fund
38. Leisure Services Incentive Fund
39. Landscaping and Beautification
40. Application Fees for General Plan , Development Plan , and Public Infrastructure Map Amendments
41. Fee Schedule for Land Use Ordinance--Applications and Variances
42. Deferred Compensation Fund
43. Charges by Municipal Reference and Records Center for Computer On-Line Service
44. Fees and Charges for Services of the Honolulu Police Department
45. Rental Assistance Fund
46. Housing Development Special Fund
47. Wastewater System Facility Charge
(48. Motor Vehicle Registration Fund. Repealed by Ord. 97-42)
48. Solid Waste Improvement Bond Fund
(49. Recycling Fund. Repealed by Ord. 99-22)
49. Solid Waste Special Fund
50. Zoo Animal Purchase Fund
51. Hanauma Bay Nature Preserve Fund
52. Reserved
53. Special Events Fund
54. Sewer Revenue Bond Improvement Fund
55. Reserved
56. Reserve for Fiscal Stability Fund
57. Golf Fund
58. Contribution to the County
59. Land Conservation Fund
60 . Transportation Surcharge—Use of Funds
61. Transit Fund
62 . Clean Water and Natural Lands Fund
63 . Affordable Housing Fund
64 . Other Post-Employment Benefits Reserve Fund
65 . Transit Improvement Bond Fund
Article 1. Municipal Stores Revolving Fund
Sections:
6-1.1 Creation.
6-1.2 Payments and expenditures.
Sec. 6-1.1 Creation.
There is created a fund to be known as the "municipal stores revolving
fund." (Sec. 5-2.1, R.O. 1978 (1983 Ed.))
Sec. 6-1.2 Payments and expenditures.
Payments into and expenditures from the municipal stores revolving fund shall be made
pursuant to such regulations and requirements as shall be established and made from
time to time by action of the council or of the director of
finance with the approval of the mayor and council. (Sec. 5-2.2, R.O. 1978
(1983 Ed.))
Article 2. Payrolls Clearance Fund
Sections:
6-2.1 Creation.
6-2.2 Authorization.
Sec. 6-2.1 Creation.
There is created a working capital fund to be known as the "payrolls
clearance fund." (Sec. 5-3.1, R.O. 1978 (1983 Ed.))
Sec. 6-2.2 Authorization.
The director of finance is authorized to approve claims payable out of the
payrolls clearance fund, only when such claims are accompanied by properly executed distribution
vouchers, requesting the issuance of warrants chargeable to the respective funds or appropriation
accounts against which the segregated amounts of the total payrolls listed on such
claims are legally chargeable, and payable to the payrolls clearance fund in amounts,
the total of which is equal to the total of payroll claims sought
to be charged to the payrolls clearance fund. (Sec. 5-3.2, R.O. 1978 (1983
Ed.))
Article 3. Highway Fund *
Sections:
6-3.1 Redesignation.
Sec. 6-3.1 Redesignation.
The special fund designated as "road fund" is redesignated "highway fund" pursuant to
the provisions of HRS Section 249-18, as amended. (Sec. 5-4.1, R.O. 1978 (1983
Ed.))
Article 4. Treasury Trust Fund
Sections:
6-4.1 Creation.
6-4.2 Purpose.
6-4.3 Administration.
6-4.4 Disposition of unclaimed moneys.
Sec. 6-4.1 Creation.
There is created and established a special trust fund to be known as
the "treasury trust fund." (Sec. 5-6.1, R.O. 1978 (1983 Ed.))
Sec. 6-4.2 Purpose.
All moneys received by the various agencies of the city for specific purposes,
as trustee, escrow agent, custodian or security holder and which moneys are found
by the director of finance, in view of the nature of the purposes
for which the same have been received, to require expeditious disbursement shall be
deposited into the treasury trust fund from which the director of finance may
authorize disbursements through checking accounts. Such moneys shall be maintained by separate accounts
according to, and used for, the purposes for which such moneys are received.
(Sec. 5-6.2, R.O. 1978 (1983 Ed.))
Sec. 6-4.3 Administration.
The administrative head of each city agency shall be responsible for the administration
of the respective agency account or accounts in the treasury trust fund under
such procedures as may be prescribed by the director of finance. (Sec. 5-6.3,
R.O. 1978 (1983 Ed.))
Sec. 6-4.4 Disposition of unclaimed moneys.
All moneys deposited into the treasury trust fund, not used for the purposes
for which such moneys were received, and remaining unclaimed for a period of
at least five years after the purposes for which such moneys were originally
received have ceased to exist, shall be transferred into the general fund of
the city as general realization. (Sec. 5-6.4, R.O. 1978 (1983 Ed.))
Article 5. General Trust Fund
Sections:
6-5.1 Creation.
6-5.2 Purpose.
6-5.3 Administration.
6-5.4 Disposition of unclaimed moneys.
Sec. 6-5.1 Creation.
There is created and established a special trust fund to be known as
the "general trust fund." (Sec. 5-7.1, R.O. 1978 (1983 Ed.))
Sec. 6-5.2 Purpose.
All moneys received by the various agencies of the city for specific purposes,
as trustee, escrow agent, donee, beneficiary, custodian or security holder, for which no
special trust fund exists, shall be deposited into the general trust fund and
maintained in separate accounts according to, and used for, the purposes for which
such moneys are received; provided, that gifts and donations shall be first accepted
by the council pursuant to Revised Charter of Honolulu Section 13-113. (Sec. 5-7.2,
R.O. 1978 (1983 Ed.))
Sec. 6-5.3 Administration.
The administrative head of each city agency shall be responsible for the administration
of the respective agency account or accounts in the general trust fund under
such procedures as may be prescribed by the director of finance. (Sec. 5-7.3,
R.O. 1978 (1983 Ed.))
Sec. 6-5.4 Disposition of unclaimed moneys.
All moneys deposited into the general trust fund, not used for the purposes
for which such moneys were received, and remaining unclaimed for a period of
at least five years after the purposes for which such moneys were originally
received have ceased to exist, shall be transferred into the general fund of
the city as general realization. (Sec. 5-7.4, R.O. 1978 (1983 Ed.))
Article 6. Improvement District Bond and Interest Redemption Fund
Sections:
6-6.1 Creation.
6-6.2 Administration.
Sec. 6-6.1 Creation.
There is created and established a special fund to be known as the
"improvement district bond and interest redemption fund." The director of finance shall transfer
from the improvement district assessment fund into the improvement district bond and interest
redemption fund such moneys as are required for the payment of principal of
and interest on the bonds as are issued under Articles 23 through 30
of Chapter 14, ROH 1990, when the same becomes due and payable. (Sec.
5-8.1, R.O. 1978 (1983 Ed.))
Sec. 6-6.2 Administration.
The director of finance shall be responsible for the administration of the improvement
district bond and interest redemption fund under such procedures as may be prescribed
by the director. (Sec. 5-8.2, R.O. 1978 (1983 Ed.))
Article 7. Housing and Community Development Revolving Fund
Sections:
6-7.1 Creation.
6-7.2 Purpose.
6-7.3 Administration.
6-7.4 Disposition of unexpended balance.
Sec. 6-7.1 Creation.
There is created and established a working capital fund to be known as
the "housing and community development revolving fund." (Sec. 5-9.1, R.O. 1978 (1983 Ed.))
Sec. 6-7.2 Purpose.
The purpose of the housing and community development revolving fund is to facilitate
the expenditure of joint costs allocable to the separate programs undertaken by the
department of housing and community development. (Sec. 5-9.2, R.O. 1978 (1983 Ed.))
Sec. 6-7.3 Administration.
The administrative head of the department of housing and community development shall be
responsible for the administration of the fund under such procedures as may be
prescribed by the director of finance. (Sec. 5-9.3, R.O. 1978 (1983 Ed.))
Sec. 6-7.4 Disposition of unexpended balance.
All moneys remaining unexpended in the housing and community development revolving fund after
the purposes for which such moneys were originally deposited have ceased to exist,
shall be transferred to the funds from which the working capital was originally
provided. (Sec. 5-9.4, R.O. 1978 (1983 Ed.))
Article 8. General Obligation Bond and Interest Redemption Fund
Sections:
6-8.1 Creation.
6-8.2 Purpose.
Sec. 6-8.1 Creation.
There is created and established a special fund to be known as the
"general obligation bond and interest redemption fund." (Sec. 5-10.1, R.O. 1978 (1983 Ed.))
Sec. 6-8.2 Purpose.
All moneys as are provided for the payment of principal of and interest
on general obligation bonds of the City and County of Honolulu shall be
deposited into the general obligation bond and interest redemption fund, and shall be
used only for the payment of such principal and interest when the same
become due and payable. (Sec. 5-10.2, R.O. 1978 (1983 Ed.))
Article 9. Community Renewal Program Fund
Sections:
6-9.1 Creation.
Sec. 6-9.1 Creation.
There is created and established a special fund to be known as the
"community renewal program fund." All community renewal program grant moneys received from the
United States of America under Title I of the Housing Act of 1949,
as amended, shall be deposited into the community renewal program fund, and all
budgetary appropriations made for the community renewal program shall be transferred to the
fund. All moneys deposited or transferred into the fund shall be used only
for the purposes for which such moneys were received or appropriated. (Sec. 5-12.1,
R.O. 1978 (1983 Ed.))
Article 10. Service Fees for Disposition of Real Property
Sections:
6-10.1 Property sold at public auction.
6-10.2 Property disposed of by negotiated sale or exchange.
Sec. 6-10.1 Property sold at public auction.
Whenever any real property, or any interest therein, owned by the city is
sold at public auction, the purchaser thereof shall pay, in addition to the
purchase price, fees for services rendered by the city in connection with such
sale according to the following schedule:
Services Fee
Advertising Actual cost
Appraisal Actual cost but not less than $25.00
Preparation or processing of document of conveyance $20.00
Preparation or processing of map land description $25.00
Survey Actual cost
(Sec. 5-14.1, R.O. 1978 (1983 Ed.))
Sec. 6-10.2 Property disposed of by negotiated sale or exchange.
Whenever any real property, or any interest therein, owned by the city is
disposed of by negotiated sale or exchange, no service fee for such sale
or exchange shall be charged by the city; provided, however, where the proceeds
from such negotiated sale or exchange do not inure to the exclusive use
of the city, the purchaser thereof shall be charged with service fees, in
accordance with the schedule provided in Section 6-10.1. (Sec. 5-14.1, R.O. 1978 (1983
Ed.))
Article 11. Fee Schedule for Public Records
Sections:
6-11.1 Charges for extracts, certified copies and searches of public records.
6-11.2 Charges for publications.
6-11.3 Applicability.
6-11.4 Exemption from payment of fees and charges.
6-11.5 Director of finance to administer.
Sec. 6-11.1 Charges for extracts, certified copies and searches of public records.
Except as otherwise provided in this article, a copy or extract of any
public document or record which is open to inspection of the public shall
be furnished to any person applying for the same by the public officer
having custody or control thereof pursuant to the following schedule of fees:
(a) Duplicated copy of any record (by duplicating machines including, but not limited to,
microfilm printer, Thermofax, Verifax, Xerox, etc.)
For the first page of each document or record $ .50
Each additional page or copy thereof .25
(b) Abstract of information from public record
Each page .50
Each additional copy .25
(c) Typewritten copy of any record
Per 100 words or fraction thereof 1.00
(d) Copy of map, plan, diagram
Black and White Reproductions
Up to 22" x 36" size; per sheet 5.00
Larger than 22" x 36" size; prevailing commercial rate,
with minimum charge per sheet 5.00
Color Reproductions
Up to 8 ½” by 14”; per sheet 1.00
Up to 11” x 17”; per sheet 2.00
Larger than 11" x 17"; prevailing commercial rate
with minimum charge per sheet 25.00
Black and White or Color Custom Prints
For each 10 minutes or fraction thereof of searching, creation, and printing of
document;
per sheet 5.00
(e) Photograph or photograph enlargement Prevailing commercial rate
(f) City clerk's certificate of voter registration .50
(g) Voter registration lists (in printed forms as may be available) 1.00 per precinct
(h) Certified copy of medical examiner's report and autopsy report 5.00
(i) Medical information extracted from health department records for
insurance companies and other firms 5.00
(j) Certified statement attesting to veracity of information obtained from public records
Per 100 words of statement or fraction thereof 1.00
(k) Certification by public officer or employee as to correctness (or in attestation that
document is a true copy) of any document, including maps, plans, and diagrams
Per page .50
(l) Use of motion picture film for the purpose of producing a copy, subject
to the terms, conditions and covenants contained
in an agreement between the city and the party seeking to use the
film for the purpose stated herein.
Per minute of film 2.00
(m) Searches of real property tax records
For each 15 minutes or fraction thereof of searching and typing 4.75
(Sec. 5-15.1, R.O. 1978 (1983 Ed.); Am. Ord. 99-29, 03-12)
Sec. 6-11.2 Charges for publications.
(a) Charges for publications shall be based on cost, including reproduction costs, mailing and
other handling charges attributable to making the publication available to the public.
(b) The term "publications" refers to copies of documents which are reproduced on a
volume basis for general distribution and shall include, but not be limited to,
such items as: ordinances, engineering and construction standards, directories, manuals and handbooks.
(Sec. 5-15.2, R.O. 1978 (1983 Ed.))
Sec. 6-11.3 Applicability.
The fees established in this article shall have no application to the furnishing
of copies or extracts of public documents or records for which fees have
been established by statutory provisions where such statutory provisions have not been superseded.
(Sec. 5-15.3, R.O. 1978 (1983 Ed.))
Sec. 6-11.4 Exemption from payment of fees and charges.
(a) The following agencies and organizations may be exempted from the payment of fees
established in this article, as well as charges to cover mailing and other
handling costs by the public officer having custody or control of the records
involved:
(1) Government agencies requiring the records or publications for official purposes;
(2) Nonprofit organizations directly concerned with the matter involved in the records or publications;
provided, however, that exemption from payment of fees and/or charges shall be limited
to one copy or one set of such records or publications;
(3) Newspapers; provided, however, that exemption from payment of fees and/or charges shall be
limited to one copy or one set of such records or publications; and
(4) Organizations which have arranged reciprocal agreement with a city agency for mutual exchange
of records and publications.
(b) The director of finance may waive fees and/or charges for the following:
(1) Educational materials necessary for carrying out an agency program; or
(2) Distribution of records and publications when such distribution is of benefit and interest
to the city; or
(3) Records or publications required by a student engaged in studying city operations as
part of such student's school assignment; provided, however, that exemption from payment of
fees and/or charges shall be limited to one copy or one set of
such records or publications.
(c) Political parties shall be furnished, without charge, three copies of the voter registration
lists of all precincts. Candidates who have filed for public elective offices shall
be furnished, without charge, one copy of such current voter registration lists as
may be requested by the candidate, provided that such lists are available for
distribution. Additional copies in excess of the number to be furnished without charge
as hereinabove stated shall be furnished upon payment of the fees specified in
Section 6-11.1 (g).
(Sec. 5-15.4, R.O. 1978 (1983 Ed.))
Sec. 6-11.5 Director of finance to administer.
The provisions of this article shall be administered by the director of finance,
and the director shall be authorized to determine the specific organizations and agencies
which shall be exempt from the payment of fees for public records and
charges for publications, and to determine the specific records and/or publications for which
no fees or charges shall be required. (Sec. 5-15.5, R.O. 1978 (1983 Ed.))
Article 12. Public Records
Sections:
6-12.1 Defined.
6-12.2 Storage of public records.
Sec. 6-12.1 Defined.
The term "public records" shall be as defined in HRS Section 92-50. (Sec.
5-16.1, R.O. 1978 (1983 Ed.))
Sec. 6-12.2 Storage of public records.
The managing director shall promulgate rules and regulations regarding the maintenance and storage
of public records for all city agencies pursuant to HRS Chapter 91. Said
regulations shall be complementary to HRS Section 92-51, and shall provide for but
not be limited to:
(a) Guidelines to be utilized in determining which documents must remain confidential to prevent
invasions of privacy;
(b) Segregation of all public records into confidential files and files open to public
inspection;
(c) Maintenance of separate storage facilities for open and confidential files;
(d) Listing (by title) of all records in confidential files;
(e) Certification by the corporation counsel that each document contained in confidential files is
not a public record as defined in Section 6-12.1.
(Sec. 5-16.2, R.O. 1978 (1983 Ed.))
Article 13. Federal Grants Fund
Sections:
6-13.1 Creation.
6-13.2 Purpose.
Sec. 6-13.1 Creation.
There is created and established a special fund to be known as the
"federal grants fund." (Sec. 5-17.1, R.O. 1978 (1983 Ed.))
Sec. 6-13.2 Purpose.
All moneys received from the United States of America as grants for specific
projects, in addition to supporting moneys from other sources, where such moneys are
not accounted for in any other fund, shall be deposited into the federal
grants fund. Any related budgetary appropriations of city moneys shall be transferred into
the fund. All moneys deposited or transferred into the fund shall be maintained
in separate accounts identified with, and expended for, the purposes for which such
moneys are received or appropriated. (Sec. 5-17.2, R.O. 1978 (1983 Ed.))
Article 14. Special Projects Fund
Sections:
6-14.1 Creation.
6-14.2 Purpose.
Sec. 6-14.1 Creation.
There is created and established a special fund to be known as the
"special projects fund." (Sec. 5-18.1, R.O. 1978 (1983 Ed.))
Sec. 6-14.2 Purpose.
All moneys received under special contracts entered into by and between the city
and the state, such as for maintenance of state highways, and all moneys
received from various other sources for operating and capital improvement expenses for which
no financing has been provided in other funds, such as contributions from property
owners exclusive of improvement district assessment collections, shall be deposited into the special
projects fund and expended for the purposes authorized. (Sec. 5-18.2, R.O. 1978 (1983
Ed.))
Article 15. Furnishing of Electronic Data Processing Services
Sections:
6-15.1 Definitions.
6-15.2 Policy and conditions governing availability of public data.
6-15.3 Charges for furnishing electronic data processing services.
6-15.4 Exemption from payment of charges.
6-15.5 Administration.
6-15.6 Violation--Penalty.
Sec. 6-15.1 Definitions.
As used in this article:
"Public data" means information stored by the department of data systems which may
be released to the public pursuant to Revised Charter of Honolulu Section 13-105,
City and County of Honolulu, and accessibility of which is in accordance with
rules and regulations promulgated by the managing director to implement Ordinance 78-21 (Article
12 of this chapter).
An invasion of "the right of privacy of individuals" shall be deemed to
result from, but shall not be limited to, the granting of access to:
(1) Criminal history records and investigatory files compiled for law enforcement purposes;
(2) Applications for licenses or permits required by law;
(3) Personnel and employment records, employment examinations and personal references of applicants for employment.
However, an examinee shall have the right to review his or her own
completed examination;
(4) Medical records;
(5) Credit histories; and
(6) Information of a personal nature when disclosure would result in economic or personal
hardship to the subject party which outweighs the public's fundamental right of access
to information concerning the conduct of city agencies.
(Sec. 5-19.1, R.O. 1978 (1983 Ed.))
Sec. 6-15.2 Policy and conditions governing availability of public data.
The following policy shall govern the availability of public data:
(a) Public data may be obtained by governmental agencies and the general public from
the department of data systems in the medium (such as compact disk) as
determined by the department of data systems.
(b) The following conditions shall apply to the release, sale or rent of public
data:
(1) The applicant must obtain written permission from the head of the agency which
controls the data, which permission shall be withheld in circumstances where release of
the data would result in the invasion of the right of privacy of
individuals;
(2) The agency which controls the data may place restrictions on the use of
that data in any circumstances where it deems such restrictions are necessary to
protect the right of privacy of individuals;
(3) All federal, state and county statutes and rules and regulations regarding accessibility, privacy
and security shall apply;
(4) The director of data systems may decline the request if special programming or
operating procedures must be developed to meet the needs of the applicant;
(5) The responsible officer of the agency shall review the request with the department
of data systems;
(6) The request shall be processed by the department of data systems on a
Anot to interfere@ basis with respect to other jobs being processed for governmental
agencies.
(c) This article shall not apply to data under the control of the Honolulu
police department or the prosecutor=s office of the City and County of Honolulu
or other agencies making up the criminal justice system.
(Sec. 5-19.2, R.O. 1978 (1983 Ed.); Am. Ord. 98-62)
Sec. 6-15.3 Charges for furnishing electronic data processing services.
Charges for data processing services shall be computed on the basis of the
cost of equipment, time, labor and materials used in connection with processing the
request for data. The director of data systems shall promulgate rules and regulations
prescribing the method of computing said charges. (Sec. 5-19.3, R.O. 1978 (1983 Ed.))
Sec. 6-15.4 Exemption from payment of charges.
Government agencies requiring data for public purposes may be exempt from all or
a portion of the cost of services provided by the department of data
systems. (Sec. 5-19.4, R.O. 1978 (1983 Ed.))
Sec. 6-15.5 Administration.
The provisions of this article shall be administered by the director of finance
and the director shall be authorized to determine when government agencies may be
exempt from payment of charges. (Sec. 5-19.5, R.O. 1978 (1983 Ed.))
Sec. 6-15.6 Violation -- Penalty.
It is unlawful for any person to use data in violation of restrictions
placed upon its use in accordance with Section 6-15.2(b)(2), and violation of said
provisions shall be punishable by a fine not to exceed $1,000.00, or imprisonment
not to exceed 30 days, or both. (Sec. 5-19.6, R.O. 1978 (1983 Ed.);
Am. Ord. 98-62)
Article 16. General Improvement Bond Fund
Sections:
6-16.1 Creation.
6-16.2 Deposit.
6-16.3 Source of payment.
Sec. 6-16.1 Creation.
There is created and established a special fund to be known as the
"general improvement bond fund." (Sec. 5-20.1, R.O. 1978 (1983 Ed.))
Sec. 6-16.2 Deposit.
There shall be deposited into the general improvement bond fund the proceeds of
the sale of general obligation bonds of the city and county issued to
pay all or part of those appropriations for public improvements made in the
capital budget ordinance of the city and county and specified therein to be
expended from the general improvement bond fund. (Sec. 5-20.2, R.O. 1978 (1983 Ed.))
Sec. 6-16.3 Source of payment.
There shall be paid from the general improvement bond fund the costs of
public improvements appropriated in said capital budget ordinance and specified therein to be
expended from the general improvement bond fund. (Sec. 5-20.3, R.O. 1978 (1983 Ed.))
Article 17. Highway Improvement Bond Fund
Sections:
6-17.1 Creation.
6-17.2 Deposit.
6-17.3 Source of payment.
Sec. 6-17.1 Creation.
There is created and established a special fund to be known as the
"highway improvement bond fund." (Sec. 5-21.1, R.O. 1978 (1983 Ed.))
Sec. 6-17.2 Deposit.
There shall be deposited into the highway improvement bond fund the proceeds of
the sale of general obligation bonds of the city and county issued to
pay all or part of those appropriations for public improvements made in the
capital budget ordinance of the city and county and specified therein to be
expended from the highway improvement bond fund. (Sec. 5-21.2, R.O. 1978 (1983 Ed.))
Sec. 6-17.3 Source of payment.
There shall be paid from the highway improvement bond fund the costs of
public improvements appropriated in said capital budget ordinance and specified therein to be
expended from the highway improvement bond fund. (Sec. 5-21.3, R.O. 1978 (1983 Ed.))
Article 18. Bus Transportation Fund
Sections:
6-18.1 Creation.
6-18.2 Purpose.
Sec. 6-18.1 Creation.
There is created and established a special fund to be known as the
"bus transportation fund." (Sec. 5-23.1, R.O. 1978 (1983 Ed.))
Sec. 6-18.2 Purpose.
This fund is for the following purposes:
(a) For city bus system purposes, including:
(1) The management, operation and maintenance of the city bus system; and
(2) The pro rata share of the expenses of the department of transportation services
attributable to the administration of the city bus system.
(b) As a depository for all revenues generated by or received from the city
bus system.
(Sec. 5-23.2, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 97-02)
Article 19. Federal Revenue Sharing Fund
Sections:
6-19.1 Creation.
6-19.2 Purpose.
6-19.3 Administration.
Sec. 6-19.1 Creation.
There is created and established a special fund to be known as the
"federal revenue sharing fund." (Sec. 5-24.1, R.O. 1978 (1983 Ed.))
Sec. 6-19.2 Purpose.
(a) There shall be deposited into the federal revenue sharing fund all moneys received
from the United States of America under the State and Local Fiscal Assistance
Act of 1972. All moneys deposited into this fund shall be expended for
"priority expenditure" purposes authorized by the provisions of said Act based on appropriations
in the operating budget and capital budget ordinances. The appropriations shall be explicit
as to the purpose for which intended, and shall be accompanied by a
statement of such conditions and restrictions as may apply to ensure full compliance
with said Act.
(b) Priority expenditure purposes outlined in said Act mean only:
(1) Ordinary and necessary maintenance and operating expenses for:
(A) Public safety (including law enforcement, fire protection and building code enforcement),
(B) Environmental protection (including sewage disposal, sanitation and pollution abatement),
(C) Public transportation (including transit systems and streets and roads),
(D) Health,
(E) Recreation,
(F) Libraries,
(G) Social services for the poor and aged, and
(H) Financial administration;
(2) Ordinary and necessary capital expenditures authorized by law.
(Sec. 5-24.2, R.O. 1978 (1983 Ed.))
Sec. 6-19.3 Administration.
The director of finance and the chief budget officer shall be responsible for
the administration of this fund. Expenditures from this fund shall be in accordance
with prescribed laws and procedures applicable to expenditures of city revenues. (Sec. 5-24.3,
R.O. 1978 (1983 Ed.))
Article 20. Highway Beautification and Disposal of Abandoned Vehicles Revolving Fund
Sections:
6-20.1 Creation.
6-20.2 Purpose.
6-20.3 Expenditures.
6-20.4 Administration.
Sec. 6-20.1 Creation.
There is created and established a special fund to be known as the
"highway beautification and disposal of abandoned vehicles revolving fund." (Sec. 5-25.1, R.O. 1978
(1983 Ed.))
Sec. 6-20.2 Purpose.
There shall be deposited into the highway beautification and disposal of abandoned vehicles
revolving fund all receipts from the fee permitted under HRS Section 286-51. The
fee assessed and collected shall be $1 per vehicle for U-drive motor vehicles,
and for motor vehicles other than U-drive motor vehicles:
Per Vehicle Effective Date
$6.00 September 1, 2009
$7.00 July 1, 2010
All moneys deposited into this fund shall be expended in accordance with HRS
Section 286-51 for:
(a) Beautification and other related activities of primary highways under the ownership, control and
jurisdiction of the city; and
(b) Disposition and other related activities of abandoned vehicles as prescribed in HRS Chapter
290.
(Sec. 5-25.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 02-30, 03-13,
09-16)
Sec. 6-20.3 Expenditures.
All expenditures from this fund shall be for purposes authorized herein, based on
appropriations in the operating budget and/or capital budget ordinances. (Sec. 5-25.3, R.O. 1978
(1983 Ed.))
Sec. 6-20.4 Administration.
The director of finance and the chief budget officer shall be responsible for
the administration of this fund. Expenditures from this fund shall be in accordance
with prescribed laws and procedures applicable to expenditures of city revenues. (Sec. 5-25.4,
R.O. 1978 (1983 Ed.))
Article 21. Bikeway Fund
Sections:
6-21.1 Creation.
6-21.2 Purpose.
6-21.3 Expenditures.
6-21.4 Administration.
Sec. 6-21.1 Creation.
There is created and established a special fund to be known as the
"bikeway fund." (Sec. 5-26.1, R.O. 1978 (1983 Ed.))
Sec. 6-21.2 Purpose.
There shall be deposited into the bikeway fund all receipts from the biennial
registration fee of eight dollars levied and collected under HRS Section 249-14, as
amended from time to time. All moneys deposited into this fund shall be
expended for:
(a) Acquisition, design, construction, improvement, repair and maintenance of bikeways, including the installation and
repair of storm drains and bridges;
(b) Installation, maintenance and repair of bikeway lights and power, including replacement of old
bikeway lights;
(c) Purposes and functions connected with traffic control and preservation of safety upon bikeways;
and
(d) Payment of interest on and redemption of bonds issued to finance bikeway construction
and improvements.
(Sec. 5-26.2, R.O. 1978 (1983 Ed.); Am. Ord. 92-67)
Sec. 6-21.3 Expenditures.
All expenditures from this fund shall be for purposes authorized herein, based on
appropriations in the operating budget and/or capital budget ordinances. (Sec. 5-26.3, R.O. 1978
(1983 Ed.))
Sec. 6-21.4 Administration.
The director of finance and the chief budget officer shall be responsible for
the administration of this fund. Expenditures from this fund shall be in accordance
with prescribed laws and procedures applicable to expenditures of city revenues. (Sec. 5-26.4,
R.O. 1978 (1983 Ed.))
Article 22. Community Development Fund
Sections:
6-22.1 Creation.
6-22.2 Purpose.
6-22.3 Administration.
Sec. 6-22.1 Creation.
There is created and established a special fund to be known as the
"community development fund." (Sec. 5-27.1, R.O. 1978 (1983 Ed.))
Sec. 6-22.2 Purpose.
There shall be deposited into the community development fund all moneys received from
the United States of America under the Housing and Community Development Act of
1974. All moneys deposited into this fund shall be expended for the primary
objective of the community development program as authorized by the provisions of said
Act based on appropriations in the operating budget and capital budget ordinances. The
primary objective is the development of viable urban communities, including decent housing and
a suitable living environment and expanding economic opportunities, principally for persons of low
and moderate income.
(a) This primary objective is for the support of community development activities which are
directed toward the following specific objectives:
(1) The elimination of slums and blight and the prevention of blighting influences and
the deterioration of property and neighborhood and community facilities of importance to the
welfare of the community, principally persons of low and moderate income;
(2) The elimination of conditions which are detrimental to health, safety and public welfare,
through code enforcement, demolition, interim rehabilitation assistance and related activities;
(3) The conservation and expansion of the nation's housing stock in order to provide
a decent home and a suitable living environment for all persons, but principally
those of low and moderate income;
(4) The expansion and improvement of the quantity and quality of community services, principally
for persons of low and moderate income, which are essential for sound community
development and for the development of viable urban communities;
(5) A more rational utilization of land and other natural resources and the better
arrangement of residential, commercial, industrial, recreational and other needed activity centers;
(6) The reduction of the isolation of income groups within communities and geographical areas
and the promotion of an increase in the diversity and vitality of neighborhoods
through the spatial deconcentration of housing opportunities for persons of lower income and
the revitalization of deteriorating or deteriorated neighborhoods to attract persons of higher income;
and
(7) The restoration and preservation of properties of special value for historic, architectural or
esthetic reasons.
(b) It is also the purpose of said Act to further the development of
a national urban growth policy by consolidating a number of complex and overlapping
programs of financial assistance to communities of varying sizes and needs into a
consistent system of federal aid which:
(1) Provides assistance on an annual basis, with maximum certainty and minimum delay, upon
which communities can rely in their planning;
(2) Encourages community development activities which are consistent with comprehensive local and area-wide development
planning;
(3) Furthers achievement of the national housing goal of a decent home and a
suitable living environment for every American family; and
(4) Fosters the undertaking of housing and community development activities in a coordinated and
mutually supportive manner.
(Sec. 5-27.2, R.O. 1978 (1983 Ed.))
Sec. 6-22.3 Administration.
The director of finance and the chief budget officer shall be responsible for
the administration of this fund. Expenditures from this fund shall be in accordance
with prescribed laws and procedures applicable to expenditures of city revenues. (Sec. 5-27.3,
R.O. 1978 (1983 Ed.))
Article 23. Housing and Community Development Section 8 Contract Fund
Sections:
6-23.1 Creation.
6-23.2 Purpose.
6-23.3 Administration.
Sec. 6-23.1 Creation.
There is created and established a special fund to be known as the
"housing and community development Section 8 contract fund." (Sec. 5-29.1, R.O. 1978 (1983
Ed.))
Sec. 6-23.2 Purpose.
There shall be deposited into the housing and community development Section 8 contract
fund all moneys received from the United States of America under the Housing
and Community Development Act of 1974 for the purposes set forth under Title
II of said Act, and expended for such purposes. (Sec. 5-29.2, R.O. 1978
(1983 Ed.))
Sec. 6-23.3 Administration.
The administrative head of the department of housing and community development shall be
responsible for the administration of the housing and community development Section 8 contract
fund in accordance with disbursement procedures prescribed by the director of finance. (Sec.
5-29.3, R.O. 1978 (1983 Ed.))
Article 24. Farmers Home Administration Loan Fund
Sections:
6-24.1 Creation.
6-24.2 Purpose.
6-24.3 Administration.
Sec. 6-24.1 Creation.
There is created and established a special fund to be known as the
"Farmers Home Administration loan fund." (Sec. 5-30.1, R.O. 1978 (1983 Ed.))
Sec. 6-24.2 Purpose.
All proceeds from the issuance and sale of bonds to the United States
of America, Farmers Home Administration, shall be deposited into the Farmers Home Administration
loan fund for the purpose of financing portions of the cost of such
projects as are approved by the Farmers Home Administration for undertaking by the
city. (Sec. 5-30.2, R.O. 1978 (1983 Ed.))
Sec. 6-24.3 Administration.
The director of finance shall be responsible for the administration of this fund
in accordance with prescribed laws and procedures applicable to expenditure of city funds.
(Sec. 5-30.3, R.O. 1978 (1983 Ed.))
Article 25. Parks and Playgrounds Fund
Sections:
6-25.1 Creation.
6-25.2 Purpose.
6-25.3 Administration.
Sec. 6-25.1 Creation.
There is created and established a special fund to be known as the
"parks and playgrounds fund." (Sec. 5-32.1, R.O. 1978 (1983 Ed.))
Sec. 6-25.2 Purpose.
All moneys received by the city pursuant to Section 22-7.6, ROH 1990, shall
be deposited into the parks and playgrounds fund to be expended for the
purposes prescribed in Section 22-7.6. (Sec. 5-32.2, R.O. 1978 (1983 Ed.))
Sec. 6-25.3 Administration.
The director of finance and the chief budget officer shall be responsible for
the administration of this fund in accordance with prescribed laws and procedures applicable
to expenditures of city funds. (Sec. 5-32.3, R.O. 1978 (1983 Ed.))
Article 26. Housing and Community Development Rehabilitation Loan Fund
Sections:
6-26.1 Definitions.
6-26.2 Title.
6-26.3 Purpose.
6-26.4 Limitations concerning rehabilitation loans.
6-26.5 Rules and regulations.
Sec. 6-26.1 Definitions.
"Concentrated code enforcement project area" means a deteriorated or deteriorating area as described
by Section 105(a)(3) of the Housing and Community Development Act of 1974.
"Department" means the department of housing and community development.
"Eligible applicant" means one or more persons who own or lease a parcel
of land.
"General property improvement" means the general renovation, improvement, alteration, expansion and enhancement of
a property.
"Local code requirements" means requirements of fire, health, safety, sanitation, building and other
requirements as cited in various laws, ordinances, codes and regulations of the City
and County of Honolulu.
"Project standards" means code requirements of a concentrated code enforcement project and a
rehabilitation project, and provisions of the urban renewal plan for the urban renewal
project.
"Rehabilitation project area" means an area designated by the administering department, with the
consent of the city council, for a voluntary property rehabilitation program.
"Rehabilitation" means the necessary and required improvement of a property in accordance with
project standards or local code requirements.
"Urban renewal project area" means a slum or blighted, deteriorated or deteriorating area
as defined by HRS Section 53-51. (Sec. 5-33.1, R.O. 1978 (1983 Ed.))
Sec. 6-26.2 Title.
There is created and established a "housing and community development rehabilitation loan fund,"
which may be cited as "H&CD loan fund." (Sec. 5-33.2, R.O. 1978 (1983
Ed.))
Sec. 6-26.3 Purpose.
(a) The purposes of this fund are:
(1) To make loan money available primarily to low- and moderate-income applicants who are
owners or lessees of parcels
of land within urban renewal, concentrated code enforcement or rehabilitation project areas or
are owners or lessees of
a parcel of land in the City and County of Honolulu that have
been cited for local code violations by departments of
the City and County of Honolulu or are owners or lessees of parcels
of land who have need of rehabilitation or general
property improvement as determined by the department. Applicants eligible for financing under this
loan program
must be unable to secure funds under the Rehabilitation Loan Program, Section 312
of the Housing Act of 1964, as
amended, or from other sources under comparable terms and conditions, to finance rehabilitation
of their properties.
(2) To fund any project that is eligible to receive and expend community development
block grant monies.
(b) For the purpose set forth in (a)(1), there may be authorized sufficient sums
appropriated each fiscal year which may constitute a revolving account to be used
by the department to carry out this loan program. All moneys in such
revolving account may be available for servicing loans made pursuant to this article.
(Sec. 5-33.3, R.O. 1978 (1983 Ed.); Am. Ord. 04-22)
Sec. 6-26.4 Limitations concerning rehabilitation loans.
The following limitations shall only apply to loans made pursuant to Section 6-26.3(a)(1).
(a) Loans shall be made in the name of the City and County of
Honolulu to an eligible applicant who is an owner or lessee of a
parcel of land containing one or more structures which is situated in an
approved urban renewal, concentrated code enforcement or rehabilitation project area or are owners
or lessees of a parcel of land that have been cited for local
code violations from departments of the City and County of Honolulu, or has
need of rehabilitation or general property improvements.
(b) The amount of each loan, together with other existing liens, shall not exceed
90 percent of the appraised value of the fee property or leasehold property
after rehabilitation.
(c) If there are rental units situated on properties under this loan program, priority
shall be given by the property owner or lessee to low-income and moderate-income
families.
(d) All loans shall be adequately secured as determined by the department.
(e) All loans shall bear interest on the outstanding balance thereof at an annual
interest rate to be determined by the department provided that the department may
forego interest for loan leveraging purposes or if such interest poses a hardship
on a low-income applicant.
(f) Monthly payments shall be made on all loans. The department may defer said
payments for such periods as deemed appropriate and necessary upon its determination that
the applicant is unable to meet these payments because of limited income, unemployment
or for any other valid reason.
(g) The term of each loan shall not exceed three-fourths of the remaining economic
life of the structure after rehabilitation or the remaining period of a leasehold
property, whichever is the lesser.
(h) The department may require that the loan be paid in full should the
owner-occupant or lessee-occupant borrower cease to be an occupant of the property or
if title or lease to the property is transferred prior to the maturity
date, unless the succeeding titleholder(s) or leaseholder(s) meets the eligibility requirements established by
the department for said loan.
(i) If there are rental units on the subject parcel of land, the loan
shall be paid in full if it is found that the property owner
is in violation of the loan agreements as set by the department.
(j) The department may prescribe such charges, fees and other costs as may be
related to each loan.
(k) All loans shall be periodically reviewed to assure compliance with the above limitations.
(Sec. 5-33.4, R.O. 1978 (1983 Ed.); Am. Ord. 04-22)
Sec. 6-26.5 Rules and regulations.
The department shall, under its powers, adopt necessary and appropriate rules and regulations
to implement the purpose of said fund and be responsible for the administration
thereof. (Sec. 5-33.5, R.O. 1978 (1983 Ed.))
Article 27. State Special Use Permit
Sections:
6-27.1 Fees for state special use permits.
Sec. 6-27.1 Fees for state special use permits.
The following fee shall be charged for a state special use permit:
An application fee of $600.00, plus $225.00 per acre or major fraction thereof,
up to a maximum of $6,000.00, shall be charged for a state special
use permit. In the event of a joint application (conditional use permit and
state special use permit), only one fee shall apply. (Sec. 5-34.1, R.O. 1978
(1983 Ed.); Am. Ord. 03-12)
(Article 28. Special Trust Fund. Repealed by Ord. 00-07)
Article 28. Reserved
Article 29. Standards for the Appropriation of Funds to Private Organizations
Sections:
6-29.1 Legislative intent.
6-29.2 Appropriation of funds.
6-29.3 Organizations applying/granted funds.
6-29.4 Reports.
Sec. 6-29.1 Legislative intent.
The purpose of this article is to establish standards for the appropriation of
funds to private organizations providing programs and services which the City and County
of Honolulu has determined to be in the public interest. (Sec. 5-36.1, R.O.
1978 (1983 Ed.))
Sec. 6-29.2 Appropriation of funds.
All grants of public funds made by the City and County of Honolulu
to private organizations are to be made in accordance with the standard that
the private programs and services so funded shall result in a direct benefit
to the public and accomplish public purposes. No grant, subsidy or purchase of
services contract to a private organization shall be made or allotted unless the
private organization meets the following criteria:
(a) The private organization is a not-for-profit organization or association chartered or otherwise authorized
to do business in the State of Hawaii for charitable purposes.
(b) The purposes for which the private not-for-profit corporation or association is organized provides
direct benefits to the people of the City and County of Honolulu.
(c) The purposes for which the not-for-profit corporation or association is organized includes one
of the following categories:
(1) Social services for the poor, the aged and the youth of the City
and County of Honolulu;
(2) Health services including services for those with physical and/or emotional/mental disabilities;
(3) Educational, manpower and/or training services;
(4) Services to meet a definitive cultural, social or economic need within the City
and County of Honolulu not being met by any other private organization.
(Sec. 5-36.2, R.O. 1978 (1983 Ed.))
Sec. 6-29.3 Organizations applying/granted funds.
No grant, subsidy or purchase of services contract to a private organization shall
be made or allotted by the City and County of Honolulu unless a
private organization so funded agrees to the following conditions:
(a) To comply with all applicable federal and state laws prohibiting discrimination against any
person on the grounds of race, color, national origin, religion, creed, sex, handicap
or age, in employment and any condition of employment with the recipient or
in participation in the benefits of any program or activity funded in whole
or in part by the state;
(b) To comply with all applicable licensing requirements of the county, state and federal
governments and with all applicable accreditation and other standards of quality generally accepted
in the field of the recipient's activities;
(c) To have in its employ or under contract such persons as are professionally
qualified to engage in the activity funded in whole or in part by
the state;
(d) To comply with such other requirements as the director of finance may prescribe
to ensure adherence by the provider or recipient with county, federal and state
laws and to ensure quality in the service or activity rendered by the
recipient; and
(e) To allow the expending or related county agency, or a committee of the
council, or the council full access to records, reports, files and other related
documents in order that they may monitor and evaluate the management and fiscal
practices of the recipient organization to assure proper and effective expenditure of city
and county funds.
(Sec. 5-36.3, R.O. 1978 (1983 Ed.))
Sec. 6-29.4 Reports.
All organizations granted funds must keep these funds financially separate in their book
of accounts and submit quarterly program and financial reports on the use of
these funds, due on or before the 15th of the month following the
close of the quarter; and a year-end report on the same within 90
days following the close of the fiscal year in which the money is
appropriated. In lieu of a year-end report, the City and County of Honolulu
may elect to require a final report be submitted within 90 days following
the completion of the program or services for which the grant was awarded.
The reports shall contain, but are not limited to:
(a) Program status summary;
(b) Program data summary;
(c) Summary of participant characteristics;
(d) Financial status report of the city and county funds used;
(e) Financial status report of the remaining balance of city and county funds, if
any; and
(f) A narrative report.
In lieu of quarterly and year-end reports for grants in the amount of
$10,000 or less, a final report shall be submitted within 90 days following
the close of the fiscal year in which the money is appropriated or
the completion of the program or services, whichever is later.
(Sec. 5-36.4, R.O. 1978 (1983 Ed.); Am. Ord. 07-12)
Article 30. Liquor Commission Fund
Sections:
6-30.1 Creation.
6-30.2 Purpose.
6-30.3 Administration.
Sec. 6-30.1 Creation.
There is created and established a special fund to be known as the
"liquor commission fund." (Sec. 5-37.1, R.O. 1978 (1983 Ed.))
Sec. 6-30.2 Purpose.
All fees collected and received by as well as all other moneys received
on behalf of the liquor commission shall be deposited into the liquor commission
fund and used for the operational and administrative costs of the liquor commission.
(Sec. 5-37.2, R.O. 1978 (1983 Ed.))
Sec. 6-30.3 Administration.
The moneys in the liquor commission fund shall be administered in accordance with
the procedures prescribed by the director of finance and as provided by law.
(Sec. 5-37.3, R.O. 1978 (1983 Ed.))
(Article 31. Housing Assistance Fund. Repealed by Ord. 98-30)
Article 31. Reserved.
Article 32. Establishing Maximum Interest Rate for Urban Renewal Project Notes
Sections:
6-32.1 Maximum interest rate.
Sec. 6-32.1 Maximum interest rate.
Any ordinance to the contrary notwithstanding, project notes to aid in financing urban
renewal projects of the city hereafter to be authorized for issuance and sale
under HRS Chapter 53 shall bear interest at a coupon or stated rate
or rates not exceeding 10 percent a year. (Sec. 5-39.1, R.O. 1978 (1983
Ed.))
Article 33. Establishing Maximum Interest for General Obligation Bonds
Sections:
6-33.1 Maximum interest rate.
6-33.2 Council approval required.
Sec. 6-33.1 Maximum interest rate.
Except as may be otherwise provided in an ordinance authorizing the issuance of
general obligation bonds, all general obligation bonds of the City and County of
Honolulu shall bear interest at a rate or rates not exceeding 13 percent
per annum. (Sec. 5-40.1, R.O. 1978 (1983 Ed.))
Sec. 6-33.2 Council approval required.
Where general obligation bonds of the City and County of Honolulu have been
authorized for issuance and sale by the council of the City and County
of Honolulu in accordance with the provisions of HRS Chapter 47, the director
of finance shall not offer for sale or sell the whole or any
part of any issue of the bonds so authorized without first obtaining the
determination of the council, by resolution, of the form, date, amount, denomination and
maturity of the bonds to be offered for sale and sold by the
director of finance. (Sec. 5-40.2, R.O. 1978 (1987 Supp. to 1983 Ed.))
Article 34. Housing Loan and Mortgage Programs
Sections:
6-34.1 Definitions.
6-34.2 Promulgation of rules and regulations.
6-34.3 Eligible borrowers.
6-34.4 Eligible loans.
6-34.5 Additional program procedures and requirements.
6-34.6 Establishment of rental housing loan program.
6-34.7 Promulgation of rules and regulations of rental housing loan program.
Sec. 6-34.1 Definitions.
As used in this article, unless the context requires:
"Bonds" means general obligation bonds of the city issued pursuant to HRS Chapter
47 and Section 46-15.2, or revenue bonds of the city issued pursuant to
HRS Chapter 49 and Section 46-15.2 to carry out the loan programs authorized
thereunder.
"City" means the City and County of Honolulu.
"Director" means the director of the city's department of housing and community development.
"Eligible borrower" means any person or family meeting the requirements established by rules
and regulations promulgated by the director for a mortgagor under a housing loan
program, and further meeting the requirements of HRS Section 46-15.2.
"Eligible loan" means a loan to an eligible borrower made under a housing
loan program meeting the requirements established by rules and regulations promulgated by the
director for a loan made under a housing loan program, and further meeting
the requirements of HRS Section 46-15.2.
"Housing loan program" means a housing loan and mortgage program authorized under HRS
Section 46-15.2, established by the city.
"Mortgage lender" means any bank, trust company, savings bank, national banking association, savings
and loan association, building and loan association, mortgage banker, credit union, insurance company
or other financial institution meeting the requirements of a mortgage lender under a
housing loan program established in rules and regulations promulgated by the director and
further meeting the requirements of HRS Section 46-15.2. (Sec. 31- 1.1, R.O. 1978
(1983 Ed.))
Sec. 6-34.2 Promulgation of rules and regulations.
The director shall promulgate rules and regulations for the implementation, administration and enforcement
of any housing loan program to be undertaken in compliance with HRS Section
46-15.2. In accordance with HRS Chapter 91 and Section 4-105 of the city
charter, such rules and regulations shall have the force and effect of law.
The director shall file in the office of the city clerk not less
than three copies of such rules and regulations. (Sec. 31-2.1, R.O. 1978 (1983
Ed.))
Sec. 6-34.3 Eligible borrowers.
Rules and regulations promulgated pursuant to Section 6-34.2 shall establish the qualifications of
an eligible borrower, and may consider, but not be limited to, the following:
(a) The proportion of income spent for shelter;
(b) Size of the family;
(c) Cost and condition of housing available to the total housing market; and
(d) Ability of the person to compete successfully in the normal housing market and
to pay the amounts on which private enterprise is providing loans for safe,
decent and sanitary housing in the state.
(Sec. 31-2.2, R.O. 1978 (1983 Ed.))
Sec. 6-34.4 Eligible loans.
Rules and regulations promulgated pursuant to Section 6-34.2 shall establish the qualification of
an eligible loan, and may establish, but not be limited to, requirements as
to the location, age, conditions and other characteristics of the property. Such rules
and regulations may further establish the terms, maturities, interest rates, collateral and other
requirements for eligible loans. (Sec. 31-2.3, R.O. 1978 (1983 Ed.))
Sec. 6-34.5 Additional program procedures and requirements.
Rules and regulations promulgated pursuant to Section 6-34.2 shall establish such procedures and
requirements as are deemed necessary to implement a housing loan program, including, but
not limited to procedures and requirements governing:
(a) The qualifications of mortgage lenders;
(b) The making of advance commitments to purchase and the purchasing of eligible loans
to be made by mortgage lenders;
(c) Loan applications made through mortgage lenders to eligible borrowers;
(d) The allocation of loans to mortgage lenders;
(e) The making of advance commitments and allocation of funds to purchase eligible loans
from mortgage lenders; and
(f) The participation by mortgage lenders as originators and processors of eligible loans on
behalf of the city.
(Sec. 31-2.4, R.O. 1978 (1983 Ed.))
Sec. 6-34.6 Establishment of rental housing loan program.
This section establishes a loan program for the construction of multi-family rental units
by utilizing tax exempt revenue bonds. (Sec. 31-3.1, R.O. 1978 (1987 Supp. to
1983 Ed.))
Sec. 6-34.7 Promulgation of rules and regulations of rental housing loan program.
The director of the department of housing and community development is authorized and
directed, under and pursuant to and upon compliance with Part II, HRS Chapter
356, HRS Chapters 91 and 92, as amended, and the revised city charter
of the city, to adopt from time to time rules and regulations for
the multi-family rental housing program for the city authorized hereby. Said rules and
regulations shall further the purposes of the multi-family rental housing program as set
forth in Part II, HRS Chapter 356, as amended, and consistent with the
purposes of this section. Such rules and regulations shall have the force and
effect of law. The director shall file in the office of the city
clerk not less than three copies of such rules and regulations. (Sec. 31-3.2,
R.O. 1978 (1987 Supp. to 1983 Ed.))
Article 35. Hotel and Boardinghouse Annual License Fee
Sections:
6-35.1 Purpose.
6-35.2 State statutes to remain in effect.
Sec. 6-35.1 Purpose.
In accordance with the authority granted by HRS Section 445-15, the annual fee
for a license to keep a hotel or boardinghouse, as established by HRS
Section 445-92, shall be $50.00 per hotel. For the purposes of this article,
"hotel or boardinghouse" means a building or buildings having at least 10 rooms
for the accommodation of guests. (Sec. 5-42.1, R.O. 1978 (1987 Supp. to 1983
Ed.))
Sec. 6-35.2 State statutes to remain in effect.
The provisions of HRS Chapter 445, Part III, shall continue in effect for
the purposes of this article. (Sec. 5-42.2, R.O. 1978 (1987 Supp. to 1983
Ed.); Am. Ord. 96-58)
Article 36. Capital Projects Fund
Sections:
6-36.1 Creation.
6-36.2 Purpose.
Sec. 6-36.1 Creation.
There is created and established a special fund to be known as the
"capital projects fund." (Sec. 5-44.1, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 6-36.2 Purpose.
Moneys received by the city, from sources other than the federal government, in
the form of grants, entitlements, shared revenues or payments in lieu of taxes,
to fund capital projects, and city moneys appropriated for capital projects, may be
deposited or transferred into the capital projects fund. All moneys deposited or transferred
into such fund shall be maintained in separate accounts identified with, and expended
for, the purposes for which such moneys are received or appropriated. Appropriated moneys
transferred from another fund into the capital projects fund shall lapse into that
other fund if not encumbered or expended in a timely manner pursuant to
Article 9, 1973 Revised Charter of Honolulu (2000 Edition), as amended. (Sec. 5-44.2,
R.O. 1978 (1987 Supp. to 1983 Ed.))
Article 37. Federal Grants Capital Projects Fund
Sections:
6-37.1 Creation.
6-37.2 Purpose.
Sec. 6-37.1 Creation.
There is created and established a special fund to be known as the
"federal grants capital projects fund." (Sec. 5-45.1, R.O. 1978 (1987 Supp. to 1983
Ed.))
Sec. 6-37.2 Purpose.
All moneys received from the federal government, in the form of grants, entitlements
or payments in lieu of taxes, to fund capital projects, and federal revenue
sharing funds appropriated for capital projects, may be deposited or transferred into the
federal grants capital projects fund. All moneys deposited or transferred into such fund
shall be maintained in separate accounts identified with, and expended for, the purposes
for which such moneys are received or appropriated. Appropriated moneys transferred from another
fund into the federal grants capital projects fund shall lapse into that other
fund if not encumbered or expended in a timely manner pursuant to Article
9, 1973 Revised Charter of Honolulu (2000 Edition), as amended. (Sec. 5-45.2, R.O.
1978 (1987 Supp. to 1983 Ed.))
Article 38. Leisure Services Incentive Fund
Sections:
6-38.1 Creation.
6-38.2 Definitions.
6-38.3 Purpose.
6-38.4 Eligibility.
6-38.5 Administration.
Sec. 6-38.1 Creation.
There is created and established a special fund to be known as the
"leisure services incentive fund." (Sec. 5-46.1, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 6-38.2 Definitions.
Except as expressly provided otherwise, the following definitions shall apply for the purposes
of this article:
"Director" means the director of the department of parks and recreation or the
director's authorized representative.
"Incentive fund" means the leisure services incentive fund.
"Incentive fund project" means a project funded under the provisions of this article.
"Matching contribution" means the contribution required from the sponsor for an incentive fund
project.
"Sponsor" means the organization, individual or other eligible entity which sponsors an incentive
fund project. (Sec. 5-46.2, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 6-38.3 Purpose.
There shall be deposited in the incentive fund amounts as may be appropriated
by the city council, to be used to fund up to one-half of
the cost of any project for the construction or improvement of recreation and
park facilities authorized under this article. (Sec. 5- 46.3, R.O. 1978 (1987 Supp.
to 1983 Ed.))
Sec. 6-38.4 Eligibility.
Expenditures from the incentive fund shall be made subject to the following:
(a) A project to be funded under this article must be sponsored by a
recognized nonprofit civic, neighborhood or community group, or by identified individuals. Determination of
qualifying organizations will be made by the director pursuant to rules and regulations
promulgated hereunder, and will involve consideration of the financial ability of the applicant
to participate. Nothing in this section shall prevent a sponsor from seeking or
accepting contributions from other private sources to constitute all or part of the
community's matching contribution.
(b) Incentive fund projects shall benefit the entire community as a whole and be
available for use by all citizens.
(c) An incentive fund project under this article must:
(1) Be located on publicly owned property;
(2) Result in a new parks and recreation facility or improve an existing facility;
(3) Be open to the public on a nondiscriminatory basis upon completion, subject to
such reasonable restrictions for protection of the property as may be agreed upon
by the sponsor and the city and stipulated in the application agreement;
(4) Have a minimum life expectancy of five years;
(5) Involve total financial cost of over $100.00.
(d) The incentive fund will provide up to 50 percent of the total estimated
project cost, up to the total amount approved. The matching contribution shall be
in cash, materials or equipment. The director may agree to accept in-kind labor
or services as part or all of the matching contribution.
(e) All purchases made in whole or in part with incentive fund moneys must
be agreed to by the department of parks and recreation, and all property
so purchased shall become the property of the City and County of Honolulu.
(Sec. 5-46.4, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 6-38.5 Administration.
(a) The department of parks and recreation shall, under its powers, adopt necessary and
appropriate rules and regulations to implement the purpose of the incentive fund and
be responsible for the administration thereof.
(b) Upon approval of an application under this article, department of parks and recreation
will extend a written confirmation of the grant to the sponsor, specifying the
amount, time period, and conditions thereof.
(c) The department of parks and recreation may, by rules and regulations, establish procedures
to expedite approval of requests to use a park facility by sponsors of
the facility.
(Sec. 5-46.5, R.O. 1978 (1987 Supp. to 1983 Ed.))
Article 39. Landscaping and Beautification
Sections:
6-39.1 Purpose.
6-39.2 Site improvement and beautification.
6-39.3 Funding.
Sec. 6-39.1 Purpose.
The purpose of this article is to provide for landscaping and beautification of
open space areas surrounding city buildings in order to enhance their visual image.
(Sec. 5-41.1, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 6-39.2 Site improvement and beautification.
In connection with any city building when first constructed or acquired, the improvement
of the site and beautification of the land shall be considered by the
agency expending funds for such construction or acquisition. (Sec. 5-41.2, R.O. 1978 (1987
Supp. to 1983 Ed.))
Sec. 6-39.3 Funding.
An amount not less than one percent of the construction or acquisition appropriation
shall be set aside for landscaping and beautification purposes. Notwithstanding the foregoing limitation
on the amount to be set aside for landscaping and beautification purposes, an
amount in excess of one percent may be set aside with the concurrence
of the council. (Sec. 5-41.3, R.O. 1978 (1987 Supp. to 1983 Ed.))
Article 40. Application Fees for General Plan , Development Plan , and Public Infrastructure Map
Amendments
Sections:
6-40.1 Purpose.
6-40.2 Fees.
Sec. 6-40.1 Purpose.
The purpose of this article is to establish, pursuant to Revised Charter Section
3-112, fees for general plan and development plan amendment applications. (Sec. 5-47.1, R.O.
1978 (1987 Supp. to 1983 Ed.); Am. Ord. 96-58)
Sec. 6-40.2 Fees.
(a) General plan amendment applications shall be accompanied by a fee of $600.00, and
development plan amendment applications for text, land use map or public facilities map
amendments to development plans approved prior to 1996 shall be accompanied by a
fee of $500.00 per amendment.
(b) Amendments (text or map) for the development plans adopted after 1996 shall be
accompanied by a fee of $600.00 per amendment.
(c) Additions/deletions to the public infrastructure maps shall be accompanied by a fee of
$600.00 per amendment.
(d) The application fee is not refundable, except for applications the director of planning
and permitting chooses not to process, in which case such fee shall be
refunded upon request of the applicant. (Sec. 5-47.2, R.O. 1978 (1987 Supp. to
1983 Ed.); Am. Ord. 03-12)
Article 41. Fee Schedule for Land Use Ordinance* --Applications and Variances
Sections:
6-41.1 Fee schedule.
Sec. 6-41.1 Fee schedule.
(a) The fees set forth in the following schedule for applications under Chapter 21
and for variances therefrom shall be paid upon application:
|
Type of Application
|
Fee
|
|
|
|
|
(1)
|
Zone change
|
|
$600.00, plus $225.00 per acre or major fraction, up to
a maximum of $12,000.00
|
|
(2)
|
Cluster housing
|
$600.00, plus $300.00 per acre or major fraction, up
to a maximum of $10,000.00
|
|
(3)
|
Conditional use permit (major)
|
$600.00, plus $300.00 per acre or
major fraction, up to a maximum of $10,000.00
|
|
(4)
|
Major project in special districts and
downtown building heights in excess of 350 feet
|
$600.00, plus $300.00 per acre or
major fraction, up to a maximum of $10,000.00
|
|
(5)
|
Plan review use
|
$600.00, plus $300.00 per
acre or major fraction, up to a maximum of $10,000.00
|
|
(6)
|
Planned developmenthousing
|
$600.00, plus $300.00
per acre or major fraction, up to a maximum of $10,000.00
|
|
(7)
|
Special districts: establishment
of, or amendment to
|
$600.00, plus $300.00 per acre or major fraction, up to
a maximum of $10,000.00
|
|
(8)
|
Conditional use permit (minor)
|
$300.00
|
|
(9)
|
Existing use
|
$300.00, plus $150.00 per acre or
major fraction, up to a maximum of $10,000.00
|
|
(10)
|
Exempt project in special districts
|
No permit
fee required
|
|
(11)
|
Minor project in special districts
|
$100.00
|
|
(12)
|
Waiver
|
$300.00
|
|
(13)
|
Zoning adjustment
|
$300.00
|
|
(14)
|
Signs--estimated value of work
|
|
|
|
(A)
|
$.01 to $500.00
|
$18.00
|
|
|
(B)
|
$500.01 to
$1,000.00
|
$35.00
|
|
|
(C)
|
$1,000.01 and above
|
$70.00
|
|
(15)
|
Zoning variance
|
$600.00
|
|
(16)
|
Nonconforming use certificate renewal
|
$400.00
|
|
(17)
|
Minor modifications
(A) To approved cluster housing permit; conditional use permit (major); plan review use;
planned development-housing permit
(B) To conditional use permit (minor); existing use; waiver and zoning adjustment
|
$300.00
$150.00
|
|
(18)
|
Site development plan
|
$300.00
|
|
(19)
|
Planned Development-Commercial and Planned Development-Resort
|
$15,000.00
|
|
(20)
|
Written zoning clearance or confirmation and flood
hazard district interpretation
|
$50.00 per request or for each tax map key when multiple
parcels are involved
|
|
(21)
|
Temporary use approval
|
$100.00
|
|
(22)
|
Exclusive agriculture site approval
|
$300.00
|
|
(23)
|
Flood variance
|
$300.00
|
|
(24)
|
Zoning district boundary adjustment
|
$100.00
|
|
(25)
|
Appeals to
zoning board of appeals and contested case hearings
|
$200.00
|
(b) Application fees are not refundable, notwithstanding provisions in the Revised Ordinances of Honolulu,
as amended, to the contrary, except when the director of planning and permitting
determines that a Land Use Ordinance application or variance is not required in
order to proceed with the development proposed.
(c) When the city council initiates, by resolution, a zone change application on behalf
of a private landowner, the owner shall be required to pay the applicable
zone change application fee.
(d) When an application under Chapter 21 or for a variance therefrom is sought
subsequent to the applicant's being cited for taking action without having obtained necessary
approvals, the application fee set forth in subsection (a) shall be doubled.
(e) The payment of the fee required by this section shall not relieve the
applicant from compliance with Chapter 21 or from imposed penalties.
(Sec. 5-48.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 94-36, 99-31,
03-12)
Article 42. Deferred Compensation Fund
Sections:
6-42.1 Creation.
6-42.2 Purpose.
6-42.3 Administration.
Sec. 6-42.1 Creation.
There is created and established a special fund to be known as the
"deferred compensation fund." (Sec. 5-49.1, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 6-42.2 Purpose.
All amounts of compensation deferred under the Internal Revenue Code Section 457 public
employee deferred compensation plan of the City and County of Honolulu as well
as property and rights purchased with such amounts and all income attributable to
such amounts, property and rights shall be recorded in the deferred compensation fund
and shall be held in trust outside the city treasury in accordance with
Section 457 of the Internal Revenue Code for the exclusive benefit of the
plan’s participants and its beneficiaries. (Sec. 5-49.2, R.O. 1978 (1987 Supp. to 1983
Ed.); Am. Ord. 08-17)
Sec. 6-42.3 Administration.
The director of finance shall be responsible for the administration of the deferred
compensation fund. (Sec. 5-49.3, R.O. 1978 (1987 Supp. to 1983 Ed.))
Article 43. Charges by Municipal Reference and Records Center for Computer On-Line Service
Sections:
6-43.1 Fee for computer services.
6-43.2 Exemption from payment of charges.
Sec. 6-43.1 Fee for computer services.
Charges for computer on-line services of private vendor providing commercially available data bases
and information services shall be computed on the basis of the cost of
equipment, time, labor and materials used in connection with processing the request for
data. The municipal reference and records center shall promulgate rules and regulations prescribing
the method of computing said charges. (Sec. 5-50.1, R.O. 1978 (1987 Supp. to
1983 Ed.))
Sec. 6-43.2 Exemption from payment of charges.
Government agencies requiring data for public purposes may be exempt from all or
a portion of the cost of services provided by the municipal reference and
records center. (Sec. 5-50.2, R.O. 1978 (1987 Supp. to 1983 Ed.))
Article 44. Fees and Charges for Services of the Honolulu Police Department
Sections:
6-44.1 Definition.
6-44.2 Administration.
6-44.3 Fees for special duty requests.
6-44.4 Waiver.
6-44.5 Rules .
6-44.6 Fee authorized for special activities.
Sec. 6-44.1 Definition.
“Special activity” is an activity, including an entertainment or athletic event, for which
a fee is charged to any person attending or participating in the activity.
This section shall not affect the obligations of the City and County of
Honolulu under any existing settlement agreement that applies to parades held for the
purpose of participants expressing views or engaging in other activities protected by the
First Amendment of the United States Constitution.
"Special duty" means the performance of a service for a person, organization or
governmental entity, other than the Honolulu police department, by an officer of the
Honolulu police department acting in a police capacity, in return for which the
officer receives a direct or indirect payment or compensation of some kind. (Sec.
5-52.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 05-025)
Sec. 6-44.2 Administration.
The chief of police shall be responsible for the administration of the processing
of requests for the services of special duty police officers of the Honolulu
police department. (Sec. 5-52.2, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 6-44.3 Fees for special duty requests.
(a) Any person or entity requesting the services of a special duty police officer
shall be assessed an administration fee of fourteen dollars for each request for
a police officer, plus two dollars for each additional officer requested. For every
request, there shall also be a workers' compensation fee of up to five
dollars per day for each officer. The workers' compensation fees shall be deposited
into the general trust fund and maintained in a separate account for the
purpose of paying workers' compensation expenses for officers injured while on special duty
assignments. These fees shall be assessed by the Honolulu police department and shall
be in addition to any charge assessed for the services of the special
duty police officer. These fees shall not be assessed to the extent that
a request is not fulfilled.
(b) Once the workers' compensation fee separate account reaches a range between $500,000 and
$1,000,000, the chief of police shall reduce the workers' compensation fee to maintain
the account within this range.
(c) Within 30 days after the first day of each fiscal year, the department
of budget and fiscal services shall file a report with the city clerk.
The report shall include the following information for the prior fiscal year: 1)
the fee charged; 2) total workers' compensation fees collected; 3) fund balance in
the workers' compensation fee separate account at the end of the prior fiscal
year; and 4) details of expenditures from the account, including administrative costs, fringe
benefits, workers' compensation benefits, and training costs.
(Sec. 5-52.3, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 01-57, 09-21)
Sec. 6-44.4 Waiver.
(a) The chief of police shall waive the administrative fee established in Section 6-44.3
when the special duty services are for an event or activity mandated by
law or otherwise conducted by the federal, state or city government.
(b) The chief of police shall not waive the administrative or workers' compensation fee
when special duty services are provided to a private person or entity performing
a government function or renting or leasing a government facility for a nongovernmental
event.
(c) The chief of police shall waive the workers' compensation fee when the special
duty services are for an event or activity conducted by the city government.
(d) The chief of police shall not waive the workers' compensation fee when the
special duty services are for an event or activity conducted by the federal
or state government.
(Sec. 5-52.4, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 01-57)
Sec. 6-44.5 Rules.
(a) The chief of police may adopt rules, in accordance with HRS Chapter 91,
governing the processing of requests for special
duty officers.
(b) The chief of police shall adopt rules, in accordance with HRS Chapter 91,
to establish the fee schedule and fees for
additional police services provided at special activities as authorized by Section 6-44._.
(Sec. 5-52.5, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 05-025)
Sec. 6-44.6 Fee authorized for special activities.
The police department is authorized to establish a fee schedule and charge a
fee to any person, sponsor, promoter, organizer or organization conducting a special activity
for which the services of uniformed police officers, in addition to special duty
officers, are required. Fees collected pursuant to this subsection shall be deposited in
a special account of the general fund and shall be used for expenses
related to police services. (Added by Ord. 05-025)
Article 45. Rental Assistance Fund
Sections:
6-45.1 Establishment.
6-45.2 Funding.
6-45.3 Amount of assistance.
6-45.4 Eligibility for assistance.
6-45.5 Expenditures.
6-45.6 Administration.
Sec. 6-45.1 Establishment.
There is established a fund to be known as the rental assistance fund
(RAF). (Sec. 5-51.1, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 6-45.2 Funding.
There shall be deposited into the rental assistance fund all net receipts from
the Hale Pauahi parking structure. This fund shall pay for expenses related to
the operation and maintenance of the Hale Pauahi parking structure that are not
within the scope of the parking concessionaire, for any assessments attributable to the
parking unit of the Hale Pauahi Association of Owners, and for monthly rental
assistance payments to a landlord on behalf of an eligible applicant, as defined
herein. (Sec. 5-51.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 93-47)
Sec. 6-45.3 Amount of assistance.
Monthly rental assistance payments shall be as prescribed in the rules. (Sec. 5-51.3,
R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 6-45.4 Eligibility for assistance.
(a) An eligible applicant is defined as any single person or family (1) who
has been (A) displaced by governmental action, fire or natural disaster, (B) determined
to be homeless as defined in the rules, or (C) selected for placement
in a city-assisted housing project, and (2) whose total income, by number in
the household does not exceed 80 percent of the median income for the
city as determined by HUD.
(b) Applicants receiving assistance under the federal Section 8 existing housing program, the state
rent supplement program or living in government-subsidized housing projects are ineligible for assistance.
(c) Assistance shall be given in the following order of priority:
(1) Applicants displaced as a result of governmental action;
(2) Applicants displaced as a result of fire or natural disaster;
(3) Applicants determined to be "homeless" as defined in the rules;
(4) Applicants selected for placement in city-assisted housing projects.
(Sec. 5-51.4, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 6-45.5 Expenditures.
All expenditures from this fund shall be for purposes authorized herein based on
appropriations in the operating budget ordinance. (Sec. 5-51.5, R.O. 1978 (1987 Supp. to
1983 Ed.))
Sec. 6-45.6 Administration.
The department of housing and community development (DHCD) shall be responsible for the
administration of the rental assistance fund and, pursuant to HRS Chapter 91, shall
adopt uniform rules for the administration of this fund, including but not limited
to, establishing criteria and procedures for determining eligibility of tenants, amounts of rental
assistance requirements. (Sec. 5-51.6, R.O. 1978 (1987 Supp. to 1983 Ed.))
Article 46. Housing Development Special Fund
Sections:
6-46.1 Creation.
6-46.2 Purpose.
6-46.3 Receipts and expenditures.
6-46.4 Administration.
Sec. 6-46.1 Creation.
There is created and established a special fund to be known as the
"housing development special fund." There is established in the special fund a separate
account to be designated as the "housing development account." (Added by Ord. 88-80)
Sec. 6-46.2 Purpose.
Moneys in the housing development special fund shall be used for the development
of housing for sale or for rental in the City and County of
Honolulu.
There shall be established in the aforesaid special fund a separate account to
be designated the "housing development account." (Added by Ord. 88-80; Am. Ord. 05-008)
Sec. 6-46.3 Receipts and expenditures.
(a) The proceeds of general obligation bonds and bond anticipation notes authorized and issued
for the purpose of developing housing for sale or for rental in the
City and County of Honolulu, including, without limitation, paying the cost of construction
of housing for sale or for rental in the City and County of
Honolulu and the acquisition of land therefor, shall be deposited in the housing
development special fund and credited to the housing development account therein. Moneys on
credit to the housing development account shall be expended solely for the purpose
of developing housing for sale or for rental in the City and County
of Honolulu, including all expenses incurred in connection with and related to the
issuance of general obligation bonds or bond anticipation notes issued for such purpose;
provided, that the proceeds of general obligation bonds and bond anticipation notes shall
be applied solely to the particular project or projects for which such bonds
and notes are authorized.
(b) Moneys from the sale or rental of housing developed from moneys on deposit
in the housing development special fund and credited to the housing development account
therein, including housing developed from the proceeds of general obligation bonds and bond
anticipation notes of the City and County of Honolulu authorized and issued for
such purpose, shall be deposited in the housing development special fund as and
when received.
(c) Moneys in the housing development special fund, other than moneys on credit to
the housing development account therein, may be expended in such amounts as appropriated
in the annual executive operating and capital budget ordinances and amendments thereto for
the following purposes:
(1) For rebate to the United States of America to the extent and as
required by federal law;
(2) For additional credits to the housing development account for the development of additional
housing for sale or for rental in the City and County of Honolulu;
(3) For the retirement of general obligation bonds or bond anticipation notes issued for
the purpose of, and the proceeds of which have been applied to, the
development of housing for sale or for rental in the City and County
of Honolulu;
(4) For transfers to the general fund of the City and County of Honolulu
as reimbursement of the principal of and interest on general obligation bonds or
bond anticipation notes issued for, and the proceeds of which have been applied
to, the development of housing for sale or rental in the City and
County of Honolulu; and
(5) For payment of all expenses incurred in connection with and related to the
issuance of general obligation bonds or bond anticipation notes issued for the development
of housing for sale or rental in the City and County of Honolulu.
(d) Pending the expenditure of moneys on deposit on the housing development special fund
or on credit to the housing development account therein, the director of budget
and fiscal services shall, to the extent reasonable and practicable, invest and reinvest
such moneys in accordance with law. Income from or earnings on the investment
and reinvestment of such moneys shall be deposited in the housing development special
fund and shall be expended as are all other moneys on deposit therein.
(e) Land acquired using moneys from the fund may be exchanged with another government
entity for other land of equivalent value if the land disposed of by
exchange is used for the development of housing for sale or rental in
the City and County of Honolulu, provided first that such exchange shall be
approved by council resolution, and second, that if the land acquired by the
city through such exchange is subsequently leased or sold by the city, the
proceeds of the lease or sale shall be deposited in the fund to
the credit of the housing development account. Land acquired by such exchange need
not be used for the development of housing.
(Added by Ord. 88-80; Am. Ord. 89-61, 05-008)
Sec. 6-46.4 Administration.
The director of finance shall be responsible for the administration of the fund.
The director of finance may promulgate such rules and regulations as may be
deemed necessary for the administration of this fund. (Added by Ord. 88-80)
Article 47. Wastewater System Facility Charge
Sections:
6-47.1 Use of wastewater system facility charges.
Sec. 6-47.1 Use of wastewater system facility charges.
(a) All moneys received as wastewater system facility charges are intended to recover
an equitable share of the value of the capacity in the backup facilities
which were or will be constructed to serve that new applicant for sewer
service or an existing sewer user and shall be deposited into the sewer
fund created by Section 14-8.1 and shall be accounted for and expended for
the expansion of and addition to the capacity of wastewater facilities. Unencumbered or
lapsed wastewater facility charge moneys shall remain in the sewer fund earmarked for
the stated wastewater facility charge purpose and shall not become available for other
sewer fund uses.
(b) For the purposes of this section, "wastewater system facility charges" and "backup
facilities" mean the same as defined in Section 14-1.2.
(c) The director of finance shall provide a separate accounting of the moneys received
and expended as wastewater system facility charges in the director's quarterly fiscal report.
(Added by Ord. 90-80; Am. Ord. 98-21)
(Article 48. Motor Vehicle Registration Fund. Repealed by Ord. 97-42)
Article 48. Solid Waste Impr ovement Bond Fund
Sections:
6-48.1 Creation.
6-48.2 Deposit.
6-48.3 Source of payment.
Sec. 6-48.1 Creation.
There is hereby created and established a special fund to be known as
the Asolid waste improvement bond fund.A (Added by Ord. 01-30)
Sec . 6-48.2 Deposit.
There shall be deposited into the solid waste improvement bond fund the proceeds
of the sale of general obligation bonds of the city and county issued
to pay all or part of those appropriations for the public improvements made
in the capital budget ordinance of the city and county and specified therein
to be expended from the solid waste improvement bond fund. (Added by Ord.
01-30)
Sec. 6-48.3 Source of payment.
There shall be paid from the solid waste improvement bond fund the costs
of public improvements at solid waste collection and disposal facilities to include recycling,
glass, and/or other related capital improvements appropriated in said capital budget ordinance and
specified therein to be expended from the solid waste improvement bond fund. (Added
by Ord. 01-30)
(Article 49. Recycling Fund. Repealed by Ord. 99-22)
Article 49. Solid Waste Special Fund
Sections:
6-49.1 Creation of Solid Waste Special Fund.
6-49.2 Deposits into fund.
6-49.3 Expenditures.
6-49.4 Administration.
Sec. 6-49.1 Creation of solid waste special fund.
There is hereby created and established a special fund to be known as
the "solid waste special fund." There is established in the solid waste special
fund separate accounts to be designated as the "glass incentive account," the "Honolulu
solid waste disposal facility account," the "recycling account," the "general operating account," and
such additional accounts as may be established by the director of budget and
fiscal services. (Added by Ord. 99-22)
Sec. 6-49.2 Deposits into fund.
(a) There shall be deposited into the Solid Waste Special Fund:
(1) All revenues and income derived from the operation of the refuse division, as
well as all other monies received on behalf of the refuse division, including
without limitation (i) all monies collected pursuant to Section 9-4.2(f) and any interest earned
on such monies, which shall be credited to the "recycling account"; (ii) all monies
as may accrue to the glass recycling program from the assessment of glass
dealers, and any interest earned on such monies, which shall be credited to
the "glass incentive account"; and (iii) all monies derived from the operation of
the Solid Waste Disposal and Energy and Materials Recovery Project established by Ordinances
85-90 and 97-44, including without limitation all fees for disposal of waste at
the Project and income derived from the sale of energy produced from the
Project and materials recovered from waste processed at the Project, and any interest
earned on such monies, which shall be credited to the "Honolulu solid waste
disposal facility account"; and
(2) All existing monies in the glass incentive special fund, Honolulu solid waste disposal
facility special fund, and recycling special fund, including any interest earned on such
monies; provided that existing monies in the glass incentive special fund shall be
credited to “glass incentive account,” existing monies in the Honolulu solid waste disposal
facility special fund shall be credited to the “Honolulu solid waste disposal facility
account,” and existing monies in the recycling special fund shall be credited to
the “recycling account.”
(b) There shall also be deposited into the Solid Waste Special Fund all revenues,
fees, income, and any other monies derived from the operation of the refuse
division (other than those derived from the glass incentive special fund, the Honolulu
solid waste disposal facility special fund, and the recycling special fund).
(Added by Ord. 99-22)
Sec. 6-49.3 Expenditures.
Moneys on credit to the glass incentive special fund account shall be expended
solely for the purposes of administering the glass recycling program and paying incentives
to glass recyclers. Moneys on credit to the Honolulu solid waste disposal facility
special fund account shall be expended solely for the purposes specified in Section
11 of Ordinance 85-90. Moneys on credit to the recycling special fund account
shall be expended solely for the purposes of establishment, operation, management and expansion
of the city's recycling programs, including programs for waste reduction, development of recycling
markets and recycling awareness sponsored by the city.
Any and all payments required for the refuse division (other than those required
by the glass incentive special fund, the Honolulu solid waste disposal facility special
fund, and the recycling special fund) shall be made from the general operating
fund account.
(Added by Ord. 99-22)
Sec. 6-49.4 Administration.
The director of budget and fiscal services shall be responsible for the administration
of the fund established in this article. Expenditures from the fund shall be
in accordance with prescribed laws and procedures
applicable to expenditures of city revenues. (Added by Ord. 99-22)
Article 50. Zoo Animal Purchase Fund
Sections:
6-50.1 Creation.
6-50.2 Purpose.
6-50.3 Administration.
Sec. 6-50.1 Creation.
There is hereby created and established a single purpose special fund to be
known as the "zoo animal purchase fund." (Added by Ord. 94-44)
Sec. 6-50.2 Purpose.
All proceeds from the sale of surplus animals from the Honolulu Zoo shall
be deposited into the zoo animal purchase fund. Donations made to the Honolulu
Zoo, specifically for the purchase of animals, shall also be deposited into this
fund. All monies deposited into this fund shall be expended for the acquisition
of zoo animals for the city, including shipping, insurance, travel and other costs
related to the purchase of such animals. Whenever funds are expended from this
fund, a report on the expenditure shall be provided to the council by
the department of parks and recreation by the end of the quarter following
the quarter in which the expenditure was made. (Added by Ord. 94-44)
Sec. 6-50.3 Administration.
The director of finance shall be responsible for the administration of this fund
in accordance with prescribed laws and procedures applicable to expenditures of city funds.
(Added by Ord. 94-44)
Article 51. Hanauma Bay Nature Preserve Fund
Sections:
6-51.1 Creation of fund.
6-51.2 Purpose.
6-51.3 Expenditures.
6-51.4 Administration.
Sec. 6-51.1 Creation of fund.
There is created and established a special fund to be known as the
"Hanauma Bay Nature Preserve fund." (Added by Ord. 96-19)
Sec. 6-51.2 Purpose.
There shall be deposited into the Hanauma Bay Nature Preserve fund all receipts
from the fees imposed under Section 10-2.11 and all concession revenues from the
Hanauma Bay Nature Preserve concessions. All moneys deposited into this fund shall be
used for the following purposes in the order of priority as indicated:
(1) First, for the operation, maintenance and improvement of the Hanauma Bay Nature Preserve;
(2) Second, for educational and orientation programs for visitors to the preserve; and
(3) Third, for a carrying capacity study of the preserve and for other studies
relating to the environmental condition of the preserve.
(Added by Ord. 96-19; Am. Ord. 00-25, 03-21)
Sec. 6-51.3 Expenditures.
All expenditures from this fund shall be for purposes authorized in this article,
based on appropriations in the operating or capital budget ordinances, or amendments thereto.
(Added by Ord. 96-19)
Sec. 6-51.4 Administration.
The director of budget and fiscal services shall be responsible for the administration
of this fund in accordance with prescribed laws and procedures applicable to expenditures
of city funds.
(Added by Ord. 96-19; Am. Ord. 03-21)
( Article 52. Fee for Convicted Persons , was repealed on June 14, 1998)
Article 52. Reserved
Article 53. Special Events Fund
Sections:
6-53.1 Creation.
6-53.2 Purpose.
6-53.3 Administration.
Sec. 6-53.1 Creation.
There is hereby created and established a single purpose special fund to be
known as the "special events fund." (Added by Ord. 96-45; Am. Ord. 98-31)
Sec. 6-53.2 Purpose.
(a) There shall be deposited into the special events fund:
(1) All revenues generated by the department of enterprise services, including rents, concession fees,
user fees and miscellaneous revenues generated from operations at the Neal S. Blaisdell
Center, the Waikiki Shell and the Honolulu Zoo;
(2) All proceeds from the charges for services provided for box office operations, ushering,
and events activities;
(3) A $0.25 per ticket sale charge that shall be added to the price
of each computerized ticket sold for an event held at the Neal S.
Blaisdell Center and Waikiki Shell; and
(4) All monies appropriated to the fund by the council in the annual executive
operating budget ordinance and any amendments thereto.
(b) The purpose of the special events fund is to provide the following:
(1) The operating funds for the department of enterprise services, including funds for the
operations and development of the Neal S. Blaisdell Center, the Waikiki Shell and
the Honolulu Zoo;
(2) The salaries of persons providing part-time assistance in box office, ushering, and events
operations to the department of enterprise services, which includes the Neal S. Blaisdell
Center, the Waikiki Shell and the Honolulu Zoo, and related expenses; and
(3) Loans of up to $10,000.00 per nonprofit organization to cover marketing costs and
charges required to be paid in advance of an event conducted by a
nonprofit organization for the use of the Neal S. Blaisdell Center and the
Waikiki Shell; provided that there shall be a $100,000.00 limit on the total
outstanding amount of loans to nonprofit organizations.
(c) For purposes of this section, "nonprofit organization" means the same as defined in
Section 28-6.2.
(Added by Ord. 96-45; Am. Ord. 97-43, 99-23)
Sec. 6-53.3 Administration.
(a) The director of finance shall be responsible for the administration of the special
events fund in accordance with prescribed laws and procedures applicable to expenditures of
city funds.
(b) At any time during a fiscal year, the director of finance may, with
the approval of the council by resolution, transfer from the special events fund
to the general fund all or any portion of monies determined to be
in excess of the fiscal year's requirements for the special fund.
(c) The loans to nonprofit organizations shall be made according to the following terms:
(1) Loans shall be noninterest bearing, due on the event settlement date, and have
a maximum term of one year.
(2) All loans shall be paid in full from the first revenues collected from
the event with respect to which the loan was made.
(3) Any loan which is not paid when due will be considered delinquent and
subject to interest as specified in Section 1-3.3.
(4) Organizations that have not repaid a loan in full when due shall not
be eligible for a subsequent loan until the previous loan has been paid
in full and until four years have elapsed from the loan delinquency date.
(5) The department of finance shall adopt rules as may be necessary and appropriate
to implement the loan program.
(d) All monies deposited in the special events fund that are in excess of
the amounts appropriated from the fund are to be considered single purpose monies
and appropriated for the purposes specified herein, provided that the expenditure of such
monies is authorized by council resolution.
(Added by Ord. 96-45; Am. Ord. 97-45, 98-31)
Article 54. Sewer Revenue Bond Improvement Fund
Sections:
6-54.1 Creation.
6-54.2 Deposits.
6-54.3 Expenditures.
6-54.4 Administration.
Sec. 6-54.1 Creation.
There is hereby created and established a special fund to be known as
the "sewer revenue bond improvement fund." (Added by Ord. 97-40)
Sec. 6-54.2 Deposits.
There shall be deposited into the sewer revenue bond improvement fund the proceeds
from the sale of revenue bonds of the city issued to pay for
the expenditures specified in Section 6-54.3. (Added by Ord. 97-40)
Sec. 6-54.3 Expenditures.
Monies deposited into the sewer revenue bond improvement fund shall be expended for
the costs of improvements to, repairs to and maintenance of the wastewater treatment
system as appropriated in the capital budget ordinances of the city, and any
amendments thereto, and specified therein to be expended from the sewer revenue bond
improvement fund. (Added by Ord. 97-40)
Sec. 6-54.4 Administration.
The director of finance and the chief budget officer shall be responsible for
the administration of the fund established in this article. Expenditures from the fund
shall be in accordance with prescribed laws and procedures applicable to expenditures of
city revenues. (Added by Ord. 97-40)
( Article 55 , Fees for Examinations , terminated and ceased to be effective on June
12, 1998)
Article 55. Reserved
Article 56. Reserve for Fiscal Stability Fund
Sections:
6-56.1 Creation of fund.
6-56.2 Purpose.
6-56.3 Deposits into the fund.
6-56.4 Expenditures.
6-56.5 Administration.
Sec. 6-56.1 Creation of fund.
There is created and established a special fund to be known as the
reserve for fiscal stability fund. (Added by Ord. 98-32; Am. Ord. 06-23)
Sec. 6-56.2 Purpose.
The reserve for fiscal stability fund is designated for economic and revenue downturns
and emergency situations, and fund monies may be appropriated by ordinance only when
one or more of the conditions identified in subdivisions (1), (2) or (3)
are met:
(1) Economic Triggers:
(A) The unemployment rate for the City and County of Honolulu increases by more
than two percent within
three fiscal quarters; or
(B) Total value of net taxable real property declines by two percent or more
from the preceding fiscal year.
(2) Revenue Triggers:
(A) General fund and highway fund revenues decline by two percent or more from
the preceding fiscal year; or
(B) Transient accommodation tax revenues decline by five percent or more from the preceding
fiscal year; or
(C) Nondiscretionary expenditures increase by more than five percent of the preceding fiscal year’s
revenues.
(3) Emergencies:
(A) The Governor of the State of Hawaii or the President of the United
States of America declares that a state of
emergency exists within the City and County of Honolulu as a result of
a natural disaster; or
(B) Unfunded mandates are enacted by the state or federal government, imposed after the
enactment of the City
and County of Honolulu’s fiscal year budget, and require outlays prior to the
start of the subsequent fiscal
year.
(Added by Ord. 98-32; Am. Ord. 99-41, 06-23)
Sec. 6-56.3 Deposits into the fund.
There shall be deposited into the reserve for fiscal stability fund:
(1) Monies deemed by the director of budget and fiscal services to be in
excess of funding required to sustain city
services; such as monies realized when the previous fiscal year’s general fund or
highway fund “unreserved fund balance” as determined by the Comprehensive Annual Financial Report
exceeds the respective fund’s current fiscal year budget for “unreserved fund balance,” adjusted
for any monies required under Section 9-105 of the Revised Charter of the
City and County of Honolulu, subject to council approval by resolution;
(2) Monies appropriated by the council to the fund;
(3) Monies realized from the conveyance of city property which are designated for deposit
into the fund by the council
resolution authorizing the conveyance; and
(4) Any interest earned on the deposits of this fund.
(Added by Ord. 98-32; Am. Ord. 06-23, 07-27)
Sec. 6-56.4 Expenditures.
(a) All expenditures from the reserve for fiscal stability fund shall be solely to
address the conditions set forth in Section 6-56.2.
(b) Notwithstanding the approval requirement in Section 6-56.2, in the event monies need to
be expended pursuant to an
emergency as described in Section 6-56.2(3)(A), such monies are deemed appropriated and may
be expended without council approval.
(Added by Ord. 98-32; Am. Ord. 06-23)
Sec. 6-56.5 Administration.
The director of budget and fiscal services shall be responsible for the administration
of the reserve for fiscal stability fund in accordance with the prescribed laws
and procedures applicable to expenditures of city funds. (Added by Ord. 98-32; Am.
Ord. 06-23)
Article 57. Golf Fund
Sections:
6-57.1 Creation.
6-57.2 Purpose.
6-57.3 Administration.
Sec. 6-57.1 Creation.
There is hereby created and established a special fund to be known as
the "golf fund." (Added by Ord. 99-23)
Sec. 6-57.2 Purpose.
There shall be deposited into the golf fund all revenues generated by the
department of enterprise services from operations related to municipal golf courses and all
monies appropriated to the fund by the council in the annual executive operating
budget ordinance and any amendments thereto. All monies deposited into this fund shall
be expended for the operating funds for the department of enterprise services for
operations related to municipal golf courses and for related debt service payments. (Added
by Ord. 99-23)
Sec. 6-57.3 Administration.
(a) The director of budget and fiscal services shall be responsible for the administration
of the golf fund in accordance with prescribed laws and procedures applicable to
expenditures of city funds.
(b) All monies deposited in the golf fund that are in excess of the
amounts appropriated from the fund are to be considered single-purpose monies and appropriated
for the purposes specified in Section 6-57.2, provided that the expenditure of such
monies is authorized by council resolution.
(Added by Ord. 99-23)
Article 58 . Contribution to the County
Sections:
6- 58 .1 Purpose .
6- 58 .2 Definitions.
6- 58. 3 Contributions to the county.
6-58.4 Schedule, time for payment and increase of contribution.
6-58.5 Notice to director, documentation.
Sec. 6-58.1 Purpose.
The purpose of this article is to establish a schedule for an annual
contribution to the city from certain federal lessees where such leased federal property
does not use the city’s refuse and road maintenance services, and routine police,
fire and ambulance services, where “routine police, fire and ambulance services” do not
include services provided by the city on such federal property: (i) pursuant to
agreements between the federal government and the city or the State of Hawaii,
including without limitation, mutual aid agreements, or (ii) in accordance with policies or
procedures developed by the city to coordinate the provision of such services as
between the federal government and the city. The payment of this annual contribution
is for the use, benefit and enjoyment of the other city services of
the leased federal property and the individual residents of the military housing project,
which are not subject to an easy cost analysis for establishment of a
fee assessment for the city services. Such other city services include such activities
as the planning, land acquisition, development and maintenance of public parks, subsidized bus
service, landscaping and beautification projects countywide, the availability of police, fire and ambulance
services throughout the county, planning, land acquisition, development and maintenance of public roadways
throughout the county, and the many cultural and athletic city-cosponsored events in the
county. (Added by Ord. 04-38)
Sec. 6-58.2 Definitions.
As used in this article:
“BAH” means the United States military basic allowance for housing.
“Department” means the department of budget and fiscal services.
“Director” means the director of the department of budget and fiscal services.
“Federal lease” means the lease of federal property to a private person who
under such lease is contractually obligated to develop, rehabilitate, maintain and operate a
military housing project under the authority of the National Defense Authorization Act for
Fiscal Year 1996, P.L. 104-106, Title XXVIII, Subtitle A – Military Housing Privatization Initiative
(codified at 10 U.S.C. Sections 2871-2885), as amended, including all improvements thereon.
“Federal lessee” means the private person to whom federal property is leased pursuant
to a federal lease.
“Federal property” means real property owned by the United States.
“United States military services” includes the Air Force, Army, Navy, Marine Corps and
Coast Guard.
(Added by Ord. 04-38)
Sec. 6-58.3 Contributions to the county.
A federal lessee of federal property that does not use the city’s refuse
and road maintenance services, and routine police, fire and ambulance services, where “routine
police, fire and ambulance services” do not include services provided by the city
on such federal property: (i) pursuant to agreements between the federal government and
the city or the State of Hawaii, including without limitation, mutual aid agreements,
or (ii) in accordance with policies or procedures developed by the city to
coordinate the provision of such services as between the federal government and the
city, may, pursuant to an agreement under Section 6-58.5, elect for the duration
of the federal lessee’s federal lease, to remit annual contributions to the city
in accordance with Section 6-58.4, to contribute toward the use, benefit and enjoyment
of the leased federal property and the individual residents of the military housing
project of other city services than refuse and road maintenance services, and routine
police, fire and ambulance services. (Added by Ord. 04-38)
Sec. 6-58.4 Schedule, time for payment and increase of contribution.
(a) The initial annual contribution shall be established by the number of housing units
the federal lessee is to construct, rehabilitate, operate, manage and maintain in accordance
with the federal lease upon execution of the federal lease.
Housing Units, Number Not to Exceed Contribution
300 $ 15,000
500 25,000
1,000 50,000
1,500 75,000
2,000 104,000
2,500 133,000
3,000 162,000
3,500 192,000
4,000 221,000
4,500 250,000
5,000 280,000
5,500 308,000
6,000 337,000
6,500 367,000
7,000 396,000
7,500 and over 425,000
(b) The annual contribution to the city shall be payable in semiannual installments as
set forth in the agreement under Section 6-58.5, except that the first payment
shall be due within 60 days of the execution of the federal lease,
prorated from the date of the execution of the federal lease to the
remaining days of the calendar year.
(c) The annual contribution shall be adjusted each January 1st, beginning with the first
January 1st which is at least six months after execution of the federal
lease, by multiplying the amount of the annual contribution for the immediately preceding
calendar year by the percentage change between the weighted average BAH for the
applicable military service effective as of January 1st of the subject year, and
the weighted average BAH effective as of January 1st of the immediately preceding
calendar year, provided that the annual contribution shall not be adjusted below the
initial annual contribution established in subsection (a) above. For the purpose of this
subsection, the “weighted average BAH” means the average of all of the BAH
by rank classification as of the applicable date, weighted by the number of
housing units designated for rent in each respective BAH rank classification as of
the applicable date, provided that the rank classification and number of housing units
for the earlier of such two years shall be assumed to be the
same as that for the later year.
(d) In the event there is an increase of more than five percent (5%)
in the number of housing units operated by a federal lessee whether under
an existing federal lease or a new federal lease over the number of
housing units in a prior year, the annual contribution at that time shall
be increased by a proportional amount reflecting the proportional increase in the number
of housing units.
(Added by Ord. 04-38)
Sec. 6-58.5 Notice to director, documentation.
(a) A federal lessee who elects to remit the contribution to the city under
this article, shall provide written notice to the director, supported by documentation to
establish the initial annual contribution and the eligibility under the provisions of this
article.
(b) The director is authorized to request additional documentation, records and other information from
the federal lessee to establish the initial annual contribution and eligibility, and to
verify the amount of the annual contribution and the continued eligibility of the
federal lessee under this article.
(c) The director shall verify whether the federal lessee is eligible under this article
within thirty (30) days of submission by the federal lessee pursuant to Sections
6-58.5(a) and (b). Upon verification of the eligibility of the federal lessee under
this article, the director shall execute an agreement with the federal lessee for
the contribution to the city consistent with the terms of this article on
the date of execution of the federal lease and which shall contain such
other terms necessary or appropriate for the implementation of this article.
(Added by Ord. 04-38)
Article 59 . Land Conservation Fund
Sections:
6- 59 .1 Establishment—Purpose—Administration.
6- 59 .2 Deposits.
6- 59. 3 Expenditures.
Sec. 6-59.1 Establishment—Purpose—Administration.
There is hereby established a special fund to be known as the “land
conservation fund.” The purpose of the fund is to facilitate the purchase or
otherwise acquire lands or property entitlements for natural resource land conservation purposes in
the city. Such a fund would assist the city in its preservation efforts
by: (1) enabling the city to act quickly when purchasing private lands or
interests therein; and (2) allowing the city to leverage any private and governmental
funding sources for such land acquisitions by having matching funds available. The director
of budget and fiscal services shall administer the fund. (Added by Ord. 05-003)
Sec. 6-59.2 Deposits.
There shall be deposited into the land conservation fund all gifts and voluntary
contributions to the city for the purposes of the fund, all appropriations made
to the fund, and all revenues designated by ordinance or resolution for deposit
into the fund. (Added by Ord. 05-003)
Sec. 6-59.3 Expenditures.
Moneys on credit to the fund shall be expended solely for the purposes
of the fund. (Added by Ord. 05-003)
Article 60 . Transportation Surcharge—Use of Funds
Sections:
6- 60 .1 Establishment of surcharge—Conditions.
6- 60 .2 Use of funds.
6- 60. 3 Repeal of surcharge.
Sec. 6-60.1 Establishment of surcharge—Conditions.
Pursuant to Section 2 of Act 247, Session Laws of Hawaii, Regular Session
of 2005, codified as Section 46-16.8 of the Hawaii Revised Statutes, there is
hereby established a one-half percent general excise and use tax surcharge to be
used for purposes of funding the operating and capital costs of public transportation
within the City and County of Honolulu as specified herein. The excise and
use tax surcharge shall be levied beginning January 1, 2007. Prior to the
tax surcharge monies being expended as the local match for federal funds, the
following shall occur:
(1) The council has approved by ordinance a locally preferred alternative following an Alternatives
Analysis; and
(2) The council has received from the director of transportation services an operational, financial,
development and
route plan for the locally preferred alternative; and
(3) There is a commitment of federal funds, whether for planning, land acquisition or
construction, to further the locally preferred alternative.
(Added by Ord. 05-027; Am. Ord. 07-001)
Sec. 6-60.2 Use of funds.
(a) All moneys received from the state derived from the imposition of the surcharge
established under this article shall be
deposited into the general fund and expended for the following purposes authorized by
state law:
(1) Operating or capital costs of a locally preferred alternative for a mass transit
project; and
(2) Expenses in complying with the Americans with Disabilities Act of 1990 with respect
to paragraph (1).
(b) No moneys received from the surcharge shall be used to build or repair
public roads or highways or bicycle paths, or to
support public transportation systems already in existence prior to July 12, 2005. * [* Editor’s
Note: “July 12, 2005” is substituted for
“the effective date of Act 247, Session Laws of Hawaii, Regular Session of
2005.” ]
(Added by Ord. 05-027)
Sec. 6-60.3 Repeal of surcharge.
Pursuant to Section 9 of Act 247, Session Laws of Hawaii, Regular Session
of 2005, Section 6-60.1 shall be repealed on December 31, 2022. (Added by
Ord. 05-027)
Article 61 . Transit Fund
Sections:
6- 61 .1 Establishment.
6- 61 .2 Purpose.
6- 61. 3 Deposits.
6-61.4 Expenditures.
6-61.5 Administration.
Sec. 6-61.1 Establishment.
There is hereby created a special fund to be known as the “transit
fund.” (Added by Ord. 06-37)
Sec. 6-61.2 Purpose.
The purpose of the transit fund is to receive transfers of all monies
collected from the county surcharge on state excise and use tax by the
general fund and to provide budgetary control and accountability of moneys collected pursuant
to Section 6-60.1. (Added by Ord. 06-37)
Sec. 6-61.3 Deposits.
There shall be deposited into the transit fund:
(1) All county surcharge on state general excise and use tax moneys collected pursuant
to Section 6-60.1 and deposited
into the general fund; and
(2) All revenues generated by the locally preferred alternative, including any interest earned on
the deposits of this fund
and all other receipts dedicated for the mass transit project.
(Added by Ord. 06-37)
Sec. 6-61.4 Expenditures.
All expenditures from this fund shall be used for:
(1) Operating or capital costs of a locally preferred alternative for a mass transit
project; and
(2) Expenses in complying with the Americans with Disabilities Act of 1990 with respect
to (1) above.
(Added by Ord. 06-37)
Sec. 6-61.5 Administration.
The director of budget and fiscal services shall administer the fund. (Added by
Ord. 06-37)
Article 62 . Clean Water and Natural Lands Fund
Sections:
6- 62 .1 Creation.
6- 62 .2 Purpose .
6- 62 .3 Deposit .
6- 62 .4 Report required.
6- 62 .5 Additional requirements.
6- 62 .6 Administration.
Sec. 6- 62 .1 Creation.
There is hereby created and established a special fund to be known as
the "clean water and natural lands fund" (hereinafter “fund”). (Added by Ord. 07-18)
Sec. 6- 62 .2 Purpose .
The purpose of the fund is to provide for the purchase of or
to otherwise acquire real estate or any interest therein for land conservation in
the city for the following purposes: protection of watershed lands to preserve water
quality and water supply; preservation of forests, beaches, coastal areas and agricultural lands;
public outdoor recreation and education, including access to beaches and mountains; preservation of
historic or culturally important land areas and sites; protection of significant habitats or
ecosystems, including buffer zones; conservation of land in order to reduce erosion, floods,
landslides, and runoff; and acquisition of public access to public land and open
space. (Added by Ord. 07-18)
Sec. 6- 62 .3 Deposit.
There shall be deposited into the fund an amount equal to one-half of
the appropriation by the city council of a minimum of one percent of
the estimated real property tax revenues, plus any interest earned on deposits in
this fund. (Added by Ord. 07-18)
Sec. 6- 62 .4 Report required.
Within 15 calendar days after the mayor submits the budget documents specified in
Section 9-102.1, Revised Charter of Honolulu, to the council, the mayor shall also
submit a report on the fund which shall include but not be limited
to:
(1) The calculation of the minimum amount required by the charter to be appropriated
from the estimated real property tax revenues and deposited into the fund and
the amount to be deposited into the fund as provided in the proposed
budget for the ensuing fiscal year, which shall at least equal the minimum
amount.
(2) An explanation of the operating and capital program for the ensuing six fiscal
years for the use of the fund. The
explanation may be in the form of a functional plan spanning at least
the ensuing six fiscal years for the fund,
adopted by the council, and any annual updates thereto, also adopted by the
council. If applicable, the explanation
shall demonstrate that the operating and capital program complies with the appropriation priorities
the council has
established for the fund. Identification of applicable information contained in the administration’s budget
submittal
may satisfy this requirement.
(3) The amount included in the mayor’s proposed executive operating and capital budgets for
the ensuing fiscal year
from the fund, separately identifying the amount to be appropriated for administrative expenses
and demonstrating
that the appropriation complies with the charter’s maximum amount, and an explanation of
how the budgeted amount
complies with the charter requirement that the amount does not substitute for but
is in addition to the appropriations
historically made for the purposes set forth in the charter.
(4) A list of proposed amendments to the public infrastructure maps required by the
proposed appropriations from the fund.
(Added by Ord. 07-18)
Sec. 6- 62 .5 Additional requirements.
(a) All expenditures from this fund shall be made consistent with the priorities established
by a commission created by council resolution or, in the absence of a
commission, with the priorities established by the council by resolution.
(b) Monies in this fund may be used for the payment of principal, interest,
and premium, if any, due with respect to bonds issued subsequent to enactment
of this ordinance and pursuant to Sections 3-116 or 3-117 of the city
charter, in whole or in part, for the purposes enumerated above and for
the payment of costs associated with the purchase, redemption or refunding of such
bonds; and
(c) At any given time, no more than five percent of the monies in
this fund shall be used for administrative expenses.
(d) Any balance remaining in this fund at the end of any fiscal year
shall not lapse, but shall remain in the fund, accumulating from year to
year. The monies in this fund shall not be used for any purposes
except those listed in this article.
(e) The appropriations to this fund shall not substitute for, but shall be in
addition to, those appropriations historically made for the purposes stated in this article.
(Added by Ord. 07-18)
Sec. 6- 62 .6 Administration.
The director of budget and fiscal services shall administer the fund. (Added by
Ord. 07-18)
Article 63 . Affordable Housing Fund
Sections:
6- 63 .1 Creation.
6- 63 .2 Purpose .
6- 63 .3 Deposit .
6- 63 .4 Report required.
6- 63 .5 Additional requirements.
6- 63 .6 Administration.
Sec. 6- 63 .1 Creation.
There is hereby created and established a special fund to be known as
the "affordable housing fund" (hereinafter “fund”). (Added by Ord. 07-19)
Sec. 6- 63 .2 Purpose .
The purpose of the fund is to provide and maintain affordable housing for
persons earning less than 50 percent of the median household income in the
city for the following purposes: provision and expansion of affordable housing and suitable
living environments principally for persons of low and moderate income through land acquisition,
development, construction, and maintenance of affordable housing for sale or for rental, provided
that the housing remains affordable in perpetuity. (Added by Ord. 07-19)
Sec. 6- 63 .3 Deposit.
There shall be deposited into the affordable housing fund an amount equal to
one-half of the appropriation by the council of a minimum of one percent
of the estimated real property tax revenues, plus any interest earned on deposits
in this fund. (Added by Ord. 07-19)
Sec. 6- 63 .4 Report required.
Within 15 calendar days after the mayor submits the budget documents specified in
Section 9-102.1, Revised Charter of Honolulu, to the council, the mayor shall also
submit a report on the fund which shall include but not be limited
to:
(1) The calculation of the minimum amount required by the charter to be appropriated
from the estimated real property tax revenues and deposited into the fund and
the amount to be deposited into the fund as provided in the proposed
budget for the ensuing fiscal year, which shall at least equal the minimum
amount.
(2) An explanation of the operating and capital program for the ensuing six fiscal
years for the use of the fund. The
explanation may be in the form of a functional plan spanning at least
the ensuing six fiscal years for the fund,
adopted by the council, and any annual updates thereto, also adopted by the
council. If applicable, the explanation
shall demonstrate that the operating and capital program complies with the appropriation priorities
the council has
established for the fund. Identification of applicable information contained in the administration’s budget
submittal
may satisfy this requirement.
(3) The amount included in the mayor’s proposed executive operating and capital budgets for
the ensuing fiscal year
from the fund, separately identifying the amount to be appropriated for administrative expenses
and demonstrating
that the appropriation complies with the charter’s maximum amount, and an explanation of
how the budgeted amount
complies with the charter requirement that the amount does not substitute for but
is in addition to the appropriations
historically made for the purposes set forth in the charter.
(4) A list of proposed amendments to the public infrastructure maps required by the
proposed appropriations from the fund.
(Added by Ord. 07-19)
Sec. 6- 63 .5 Additional requirements.
(a) All expenditures from this fund shall be made consistent with the priorities established
by a commission created by council resolution or, in the absence of a
commission, with the priorities established by the council by resolution.
(b) Monies in this fund may also be used for the payment of principal,
interest, and premium, if any, due with respect to bonds issued subsequent to
enactment of this ordinance and pursuant to Sections 3-116 or 3-117 of the
city charter, in whole or in part, for the purpose enumerated above and
for the payment of costs associated with the purchase, redemption or refunding of
such bonds; and
(c) At any given time, no more than five percent of the monies in
this fund shall be used for administrative expenses.
(d) Any balance remaining in this fund at the end of any fiscal year
shall not lapse, but shall remain in the fund, accumulating from year to
year. The monies in this fund shall not be used for any purposes
except those listed in this article.
(e) The appropriations to this fund shall not substitute for, but shall be in
addition to, those appropriations historically made for the purposes stated in this article.
(Added by Ord. 07-19)
Sec. 6- 63 .6 Administration.
The director of budget and fiscal services shall administer the fund. (Added by
Ord. 07-19)
Article 64 . Other Post-Employment Benefits Reserve Fund
Sections:
6- 64 .1 Creation.
6- 64 .2 Purpose .
6- 64 .3 Deposit .
6- 64 .4 Expenditure.
6- 64 .5 Administration.
Sec. 6- 64 .1 Creation.
There is hereby created and established a special fund to be known as
the “other post-employment benefits reserve fund” (hereinafter “fund”). (Added by Ord. 07-28)
Sec. 6- 64 .2 Purpose.
The purpose of the fund is to accumulate, invest, appropriate, and manage funds
to meet the costs of providing health care, life insurance and other post-employment
benefits, other than pension obligations, to retirees and their dependents. (Added by Ord.
07-28)
Sec. 6- 64 .3 Deposit.
There may be deposited into the fund:
(1) Monies appropriated by the council to the fund by ordinance; and
(2) Interest earned on the deposits in the fund.
(Added by Ord. 07-28)
Sec. 6- 64 .4 Expenditure.
All expenditures from the fund shall be for purposes authorized herein and shall
be consistent with any policies and procedures the council adopts by resolution, subject
to appropriations in the operating budget. (Added by Ord. 07-28)
Sec. 6- 64 .5 Administration.
The director of budget and fiscal services shall be responsible for the administration
of the fund. (Added by Ord. 07-28)
Article 65 . Transit Improvement Bond Fund
Sections:
6- 65 .1 Creation.
6- 65. 2 Deposit .
6- 65. 3 Expenditure.
6- 65 .4 Administration.
Sec. 6- 65 .1 Creation.
There is hereby created and established a special fund to be known as
the “transit improvement bond fund.” (Added by Ord. 09-14)
Sec. 6- 65 .2 Deposit.
There shall be deposited into the transit improvement bond fund the proceeds of
the sale of general obligation bonds of the city and county issued to
pay all or part of those appropriations for public improvements made in the
capital budget ordinance of the city and county and specified therein to be
expended from the transit improvement bond fund. (Added by Ord. 09-14)
Sec. 6- 65 .3 Expenditure.
There shall be paid from the transit improvement bond fund the costs of
public improvements appropriated in said capital budget ordinance and specified therein to be
expended from the transit improvement bond fund. (Added by Ord. 09-14)
Sec. 6- 65 .4 Administration.
The director of the department of budget and fiscal services shall be responsible
for the administration of the fund established in this article. Expenditures from the
fund shall be in accordance with prescribed laws and procedures applicable to expenditures
of city revenues. (Added by Ord. 09-14)
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