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 Repealed by Ord. 00-07)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 Repealed by Ord. 98-30)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 Repealed by Ord. 97-42)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 Repealed by Ord. 99-22)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
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 $5 per vehicle for motor vehicles other than U-Drive motor vehicles. All
moneys deposited into this fund shall be expended 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)
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.