HomeMy WebLinkAboutORD 2021-057 2020-2022 ••••,+11OF X,.1
COUNTY OF HAWAII •��`''' ��:• STATE OF HAWAII
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BILL NO. 47
ORDINANCE NO. 21 57
AN ORDINANCE REPEALING CHAPTER 2,ARTICLE 41 OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO THE
DISASTER AND EMERGENCY FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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
Hawai`i 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 Hawai`i County Code to provide for clear,
effective maintenance and administration of the Disaster and Emergency Fund via the provisions
located within the Hawaii 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amended), entitled"Disaster and Emergency Fund", is repealed:
Section-2408T
(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-2409T FundingT
(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
1,111,11e. •
the funds for any reason listed in section 2 210 even if the targeted amount is
not met.
(e) Additional funds may be deposited in the disaster and emergency fund from state or
any other source of revenue.
Section-2-2M •
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) . .. .. .•- - - - , .. . - - -
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.
The disaster and emergency fund shall not be dissolved unless such dissolution iJ
approved by a two thirds vote of the County council.
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.
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.
2
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:
Age _..„, .kine
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COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai`i
Date of Introduction: July 21, 2021
Date of 1st Reading: July 21, 2021
Date of 2nd Reading: August 4, 2021
Effective Date: August 19, 2021
REFERENCE Comm. 297
3
OFFICE OF THE COUNTY CLERK 1 T Y r
County of Hawai`i
Hilo, Hawai`i AUG n7 AM 9: 07
Introduced By: Maile Medeiros David ROLL CALL VOTE
Date Introduced: July 21, 2021 AYES NOES ABS EX
First Reading: July 21, 2021 Chung X
Published: July 30, 2021 David X
Inaba X
REMARKS': Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X '
Villegas X
Second Reading: August 4, 2021 6 0 3 0
To Mayor: August 12, 2021
Returned: August 27, 2021 ROLL CALL VOTE
Effective: August 19, 2021
Published: September 3, 2021 AYES NOES ABS EX
Chung X
REMARKS: David X
Inaba X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
11.0
•
t COUNCIL CH ' '
// E• i
pprov Disapproved this day
of vs A , 20 21 . COUNTY CLERK
47
Bill
Bill No.:
MAYOR, COUNTY OF HAWAII C-297/FC-52
Reference:
Ord No.: 21 57