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HomeMy WebLinkAboutBIL 137 Draft 01 1972-1976~ ~ ~_s BILL NO. 137 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 5, OF THE HAWAII COUNTY CODE, ESTABLISHING. A COUNTY HOUSING AGENCY IN THE COUNTY OF HAWAII. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, Article 5, of the Hawaii County Code, is amended by the addition of Section 2, establishing a "County Housing Agency" to read as follows: "SEC. 2. County Housing Agency "SEC. 2.01. Policy and Purposes. For the purpose of making housing available in those areas of the County of Hawaii where the County Housing Agency finds that sufficient housing accommodations are not available. In addition to the foregoing, the County Housing Agency shall carry out the purposes and powers given to the County of Hawaii by virtue of Act 179, Session Laws of Hawaii 1974. "SEC. 2.02. County Housing Agency. An agency to be known as the 'County Housing Agency' is created to provide adequate housing in the County of Hawaii as it deems necessary. The agency shall consist of all of the members of the County Council and shall be administered by a housing administrator. The Mayor shall appoint the housing administrator with the approval of the County Council and the housing administrator may be removed by the Mayor with the approval of the County Council. "SEC. 2.03. Powers of the County Housing Agency. "A. The County Housing Agency shall have the following powers subject to applicable limitations of the State of Hawaii: "(1) Develop and construct dwelling units, alone or in partnership with developers; "(2) Acquire necessary land by dedication, lease, purchase, exchange or eminent domain; "(3) Provide assistance and aid to a public agency or person in developing and constructing new housing and rehabilitating old housing for the elderly of low income, other persons of low income, and persons displaced by any governmental action, by making long-term mortgage or interim construction loans available; "(4) Contract with any eligible bidders to provide for construction of urgently needed housing for persons of low income; "(5) Enter into agreements with appropriate officials of any agency or instrumentality of the United States in order to induce such official to make, insure or guarantee mortgage loans under the provisions of the National Housing Act, as amended; "(6) Make a direct loan to any qualified buyer for the down payment required by a private lender to be made by the borrower as a condition of obtaining a loan from the private lender in the purchase of residential property; -2- "(7) Sell or lease completed dwelling units; "(8) Assist in the leasing of private and public dwellings; "(9) Other powers as provided by Section 46-15.1, Hawaii Revised Statutes. "B. In order to carry out the aforementioned powers in Section A above, the County Housing Agency may: "(1) Authorize and issue bonds under Chapters 47 and 49, HRS, to provide monies to carry out the purposes of this section including the satisfaction of any guarantees made by the County pursuant to this section; "(2) Appropriate monies out of the County to carry out the purposes of this section; "(3) Obtain loans, insurance and guarantees from the State or the United States, or subsidies from either; "(4) Acquire and utilize public and private lands for the purposes of this section; "(5) Provide interim construction loans to partnerships of which it is a partner and to developers whose projects qualify for federally assisted project mortgage insurance, or other similar programs of federal assistance for persons of low income; "(6) Apply for and utilize federal and State rental payment assistance funds; "(7) Provide County funds for rental payment assistance for private and public dwellings. -3- "(8) Adopt such rules pursuant to Chapter 91, HRS, as are necessary to carry out the purposes of this section. "C. If, in exercising any of the powers above, the County Housing Agency acquires federal funds from the federal government, a separate account for such funds shall be established and no comingling of such funds with other funds shall take place. "SEC. 2.04. Duties of the Housing Administrator. The housing administrator shall have direct responsibility for the administration and operation of the County Housing Agency. The housing administrator shall have the authority and responsibility to staff the agency with necessary personnel to carry out the purposes of the agency. It shall be the duty of the housing administrator to coordinate operations and programs of the County Housing Agency with the applicable housing plans and programs of the State and federal governments. Any plans and programs to carry out the purposes of the County Housing Agency shall be prepared by the housing administrator and transmitted to the County Council for approval." SECTION 2. This Ordinance shall take effect upon its approval. INTRODUCED BY: ~ ~l COUNCIL MEMBER,~UNTY OF HAWAII Hilo, Hawaii_ Date of Introduction: June 4, 1475 Date of Adoption: June 18, 1975 Effective Date: - 4- Hilo, Hawaii Date: ,7„no d 1975 FIRST READING AYES NOES A/E Carpenter X De Luz X Fvjii `~ Hisaoka X Kawahara X Lai X Levin X Yadao Yamada ___ _ X -- 9 .Tllr1a R 1975 Publication Date: ___-- ilo, Hawaii D eo .7une lA 1975 SECOND & FINAL READING AYES NOES A/E Carpenter x De Luz x Fujii x Hisaoka Kawahara x Lai X Levin x Yadao Yamada _- x -- x - 9 --. Publication Date: We do hereby certify That the foregoing BILL was adopted by the County Council and published as indicated above. Approved/Disapproved this day of Mayor, County of Hawaii 19 Council Chairman ~~/ ', 0 County Clerk \\ Bill No. 1 3 7 PWC-55 - Reference:_.__._.____ __ _. M.B. No. Ord. No. i BILL N0. 137 AMENDED COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 5, OF THE HAWAII COUNTY CODE, ESTABLISHING A COUNTY HOUSING AGENCY IN THE COUNTY OF HAWAII. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, Article 5, of the Hawaii County Code, is amended by the addition of Section 2, establishing a "County Housing Agency" to read as follows: "SEC. 2. County Housing Agency "SEC. 2.01. Policy and Purposes. For the purpose of making housing available in those areas of the County of Hawaii where the County Housing Agency finds that sufficient housing accommodations are not available. In addition to the foregoing, the County Housing Agency shall carry out the purposes and powers given to the County of Hawaii by virtue of Act 179, Session Laws of Hawaii 1974. "SEC. 2.02. County Housing Agency. An agency to be known as the 'County Housing Agency' is created to provide adequate housing in the County of Hawaii as it deems necessary. When the County Council acts as the County Housing Agency, its role is limited to public housing policy formulation and is not charged with the duties of administering housing programs. "SEC. 2.03. Powers of the County Housing Agency. "A. The County Housing Agency shall have the following powers subject to applicable limitations of the State of Hawaii: "(1) Authorize and issue bonds under Chapters 47 and 49, HRS, to provide monies to carry out the purposes of this section including the satisfaction of any guarantees made by the County pursuant to this section; "(2) Appropriate monies out of the County to carry out the purposes of this section; "(3) Obtain loans, insurance and guarantees from the State or the United States, or subsidies from either; "(4) Acquire necessary land by dedication, lease, purchase, exchange or eminent domain; "(5) Other powers as provided by Section 46-15.1, HRS. "B. In order to carry out the aforementioned powers in Section A above, the housing administrator through the Office of the Mayor may: "(1) Develop and construct dwelling units, alone or in partnership with developers; "(2) Provide assistance and aid to a public agency or person in developing and constructing new housing and rehabilitating old housing for the elderly of low income, other persons of low income, and persons displaced by any governmental action, by making long-term mortgage or interim construction loans available; "(3) Contract with any eligible bidders to provide for construction of urgently needed housing for persons of low income; -2- "(4) Enter into agreements with appropriate officials of any agency or instrumentality of the United States in order to induce such official to make, insure or guarantee mortgage loans under the provisions of the National Housing Act, as amended, with the approval of the County Housing Agency; "(5) Make a direct loan to any qualified buyer for the down payment required by a private lender to be made by the borrower as a condition of obtaining a loan from the private lender in the purchase of residential property; "(6) Sell or lease completed dwelling units; "(7) Assist in the leasing of private and public dwellings; "(8) Acquire and utilize public and private lands for the purposes of this section; "(9) Provide interim construction loans to partnerships of which it is a partner and to developers whose projects qualify for federally assisted project mortgage insurance, or other similar programs of federal assistance for persons of low income; "(10) Apply for and utilize federal and State rental payment assistance funds; "(11) Provide County funds for rental payment assistance for private and public dwellings; "(12) Adopt such rules pursuant to Chapter 91, HRS, as are necessary to carry out the purposes of this section. - 3- "C. If, in exercising any of the powers above, the County Housing Agency acquires federal funds from the federal government, a separate account for such funds shall be established and no comingling of such funds with other funds shall take place. "p. All instruments and documents relating to the housing programs of the County Housing Agency shall be signed by the Mayor of the County of Hawaii as authorized by the Hawaii County Charter and the County Council. Any and all contracts between the United States Department of Housing and Urban Development shall be submitted to the County Housing Agency for its approval and any such contract shall be executed by the Mayor as authorized by the Hawaii County Charter and the County Council. "SEC. 2.04. Housing Administrator. "There shall be a housing administrator who shall be appointed by the Mayor and may be removed by the Mayor. "SEC. 2.05. Duties of the Housing Administrator. "The housing administrator shall have direct responsibility for the administration and operation of the County Housing Programs and shall be under the direct supervision and control of the Mayor. The housing administrator shall have the authority and responsibility to staff the agency with necessary personnel to carry out the purposes of the agency. It shall be the duty of the housing administrator to coordinate operations and programs of the County Housing Agency with the applicable housing plans and programs of the State and federal governments. All programs and contracts with the federal - 4-