HomeMy WebLinkAboutBIL 047 Draft 01 2020-2022AN ORDINANCE REPEALING CHAPTER 2, ARTICLE 41 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE DISASTER AND EMERGENCY FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Purpose. The Council finds that Article 41 of the Hawai‘i County Code, which created and set guidelines for administering the Disaster and Emergency Fund, is mostly duplicative,
obsolete, and unnecessary with the establishment of Article X, Section 10-17 of the Hawaiʻi County Charter, as approved by voters in the 2020 General Election. The purpose of this ordinance
is to repeal Chapter 2, Article 41 of the Hawaiʻi County Code to provide for clear, effective maintenance and administration of the Disaster and Emergency Fund via the provisions located
within the Hawaiʻi County Charter.
SECTION 2. Chapter 2, article 41, of the Hawai‘i County Code 1983 (2016 Edition, as amended), entitled “Disaster and Emergency Fund”, is repealed:
“[Article 41. Disaster and Emergency Fund.
Section 2-208. Creation of fund; purpose.
(a) Pursuant to section 10-12, Hawai‘i County Charter 2010, a special fund to be known as the disaster and emergency fund is created.
(b) The purpose of the disaster and emergency fund is to accumulate sufficient supplemental financial resources to respond to public health and safety emergencies, and to rebuild,
repair, or replace County facilities and infrastructure damaged by natural or human-caused disasters or emergency events.
Section 2-209. Funding.
(a) Each fiscal year, the minimum amount to be appropriated into the disaster and emergency fund shall be $250,000.
(b) The council hereby establishes a policy for the disaster and emergency fund to have a targeted funding amount of $10,000,000. This policy does not preclude the use of the funds
for any reason listed in section 2-210 even if the targeted amount is not met.
(c) Additional funds may be deposited in the disaster and emergency fund from state or federal grants, the Federal Emergency Management Agency, private sources, and any other source
of revenue.
Section 2-210. Expenditures from the disaster and emergency fund.
The money in the disaster and emergency fund shall only be utilized for the following purposes:
(1) To repair County facilities and infrastructure damaged by a natural or human-caused disaster or emergency.
(2) To clean up County property, including roads, drainage, and sewage systems, damaged by a natural or human-caused disaster or other emergencies when such action serves a public purpose.
(3) To provide immediate response for services to deal with public health and safety risks due to a natural or human-caused disaster or emergency in the form of personnel, equipment,
materials, supplies, and service contracts.
(4) To match federal, state, or private grants-in-aid individually or in any combination to develop or restore public property to a safe and useable condition.
(5) To pay for operational expenses of the County after a disaster or emergency when the County is unable to realize revenue at sufficient levels due to the disaster or emergency.
(6) To pay for administrative expenses, which shall not exceed five percent of this fund except as indicated in (5) above. For the purposes of this section, administrative expenses are
defined as staff or contracted salaries, and related fringe benefits.
Section 2-211. Dissolution of the fund.
The disaster and emergency fund shall not be dissolved unless such dissolution is
approved by a two thirds vote of the County council.
Section 2-212. Reimbursement from grants.
If the County should receive reimbursement for money advanced by the disaster and emergency fund, the grant money shall return to the disaster and emergency fund.
Section 2-213. Administration of the fund.
The director of finance shall administer the disaster and emergency fund, which shall include investment of the fund.]”
SECTION 3. Material to be repealed is bracketed and stricken. In printing this ordinance, the brackets and bracketed and stricken material need not be included.
SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions
or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
________________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: