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I-darry Kim o~JNjv ®F H,`~9'• O~FI~ ~f_ ~ - 4 J i~incoln S.T. Ashida Mavur *C t+ i i s. ~ nrution Counsel o ~ ` ~ p~ raid Takase 'r~TE of Hr.`°~'`` O' ~ tAY ' ~ f 1~1 A~i.cDCorPorution Coun.se( ~~1Lt1~~~ II~ 2~~t1<Yt OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • FAX (808) 961-8622 MEMORANDUM TO: Connie Kiriu, Legislative Auditor FROM: A.Scott Leithead, Deputy Corporation Counse DATE: May 2, 2001 RE: Bi1138 (Operating Budget 2001-2002) Revised Language This Memorandum is in response to your written request of April 17, 2001. The questions and answers are as follows: Question 1 Whether adding a new Section to the County's Operating Budget (Bill 38) would be legal under Section 46-7, Hawaii Revised Statutes (HRS) and sub-section 13-13(b), Hawaii County Charter (HCC) to read as follows: "SECTION 7. The grant revenues set forth in SECTION 4-Account Nos. 010-3301, 010-3302, 010-3304, and 010-3305 are expected to be derived by the county for federal or state sources during Fiscal Year 2001-2002. These grant revenues are hereby appropriated in the amounts set forth in SECTION 4 to the programs identified therein; provided that disbursement is conditioned on (1) receipt of a notification of grant award from the grantee, or receipt of notification from the grantor that the grant award will be forthcoming and that the County is authorized to incur costs pursuant to such grant award; (2) written notice to the Council, attached to a copy of the notification from the grantor/grantee; and (3) submittal to the Council of a final grant report (may be a copy of the final report required by the grantor). Pursuant to Section 46-7, Hawaii Revised Statutes, as amended, and Section 13-13(b), Hawaii County Charter, the Mayor is hereby authorized to execute any documents to receive and expend the funds for the programs identified in SECTION 4.