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HomeMy WebLinkAboutORD 2007-148 2006-2008 ,~tY or y~ 4~-L.~ ~~Y.. COUNTY OF HAWAII STATE OF HAWAII ?r~ oi'Mi~? 07 148 sILL No. is2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 25, SECTION 2-142 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RECORDS, REPORTING, AND FISCAL ACCOUNTABILITY REQUIREMENTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to amend chapter 2, article 25, subsections 2-142(c) and 2-142(d) of the Hawaii County Code 1983 (2005 Edition, as amended) to require nonprofit organizations to submit written reports to the County council which, rather than the legislative auditor, is the decision-making body that appropriates funds to nonprofit organizations, in accordance with chapter 2, article 25, sections 2-139, Procedure for awarding grants, and 2-140, Procedure for awarding purchase of service agreements, of the Hawaii County Code 1983 (2005 Edition, as amended). Chapter 2, article 25, subsection 2-142(a) of the Hawaii County Code 1983 (2005 Edition, as amended), shall remain unchanged and require that books, records and documents of nonprofit organizations shall be subject at all reasonable times to inspection, reviews, or audits by the County expending agency, the finance director, and the legislative auditor, or their representatives. SECTION 2. Chapter 2, article 25, section 2-142 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2-142. Records, reporting, and fiscal accountability requirements. (a) The nonprofit organization shall follow generally accepted accounting procedures and practices and shall maintain books, records, documents, and other evidence which sufficiently and properly account for the expenditure of County funds. The books, records and documents shall be subject at all reasonable times to inspection, reviews, or audits by the County expending agency, the director, and the legislative auditor, or by their representatives. (b) The County expending agency, director of finance, or County council may request periodic written reports on the use of County funds. (c) In the case of purchase of service agreements, the nonprofit organization shall submit a written report to the ['°rt~°'' °'~tor] County council within sixty days after June 30 of the contractual year and an interim report no later than January 31 of the contract period. The report shall include, but not be limited to, a detailed description of how the County funds were used, public benefits derived from their use and a breakdown of other funding sources and their expenditures. (d) In the case of grants, the nonprofit organization shall submit a final written report to the ['°'-'°~-~°'v~audito~] County council within sixty days after June 30 of the fiscal year. The report shall include an explanation of the public benefits derived from the awarding of the grant, a complete accounting statement of all expenditures supported by County of Hawaii grant funds, and a listing of other funding sources and amounts obtained during the award period." SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall 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 declared to be severable. SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUN MEMBER, COUNTY OF HAWAII Hilo , Hawaii Date of Introduction: September 19, 2007 Date of 1st Reading: September 19, 2007 Date of 2nd Reading: October 3, 2007 Effective Date: October 19, 2007 R:FERENCF: Comw: sir 2 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Emily Naeole RO,La. C,ygL~, VOTE Date Introduced: September 19, 2007 AYES NOES ABS EX First Reading: September 19, 2007 Ford X Published: September 30, 2007 Higa X Hoffmann X Xlii1L-IRf.".S: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X j 8 0 1 0 Second Reading: October 3, 2007 fo Mayor: October 11, 2007 ROLL CALL VOTE Returned: October 19, 2007 AYES NOES ABS EX Effective: _ October 19. 2007 Ford x Published: October 27. 2007 _ Higa X Hoffmann X RE9 L I Rti5 Ikeda X Jacobson X Naeole X Pilago X I _ Yagong X ~ Yoshimoto X 9 0 0 0 l UO HEREBF CERTIFY tha/ the foregoing BILL was adopted by the County Council pufilished us indicated ahove. ~ ~ e /~y~ j I APPROVED AS TO ~ - ~ FORM AND LEGALITY: COUN /L HAlPo14AN DEPUTY RPORATION COUNSEL COUNT OF HAWAII '~~t.c.n~_t,,.- COU,NTI'yLh:RK Date Bill No.: 152 ~ C-611/HSEDC-4 I pprove .'Disapproved [h Ls ~ ~ d~at• Reference: _ Ord No.: o"y 148 0 oh'bvr ~o w t ,t ~ox, cl~u.~~ ~F Ha warn Ordinances Numbered 07-148, 07-149, 07-150, 07-151, 07-152, 07-153,07-154,07-155,07-156,07-157,07-158,07-159, & 07-160 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on October 3, 2007, by vote, as listed below: Ordinance 07-148 (Bill 152): An Ordinance Amending Chapter 2, Article 25, Section 2-142 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Records, Reporting, and Fiscal Accountability Requirements. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 07-149 (Bill 153): An Ordinance Authorizing the Issuance of General Obligation Bonds of the County of Hawaii in a Principal Amount Not to Exceed $147,000 for the Purpose of Funding a Portion of the Costs of a Water Department Project Referred to as the Andrade Camp Waterline Improvements; Fixing the Form, Denominations, and Certain Other Details of Such Bonds and Providing for the Sale Thereof, and Authorizing the Taking of Other Actions Relating to the Issuance and Sale of the Bonds. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 07-150 (Bill 154): An Ordinance Amending Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 07-151 (Bill 155): An Ordinance Amending Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Yoshimoto - 1; EXCUSED: None. Ordinance 07-152 (Bill 156): An Ordinance Amending Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Yoshimoto - 1; EXCUSED: None. Ordinance 07-153 (Bill 157): An Ordinance Amending Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Yoshimoto - 1; EXCUSED: None. Ordinance 07-154 (Bill 158): An Ordinance Amending Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Yoshimoto - 1; EXCUSED: None. Ordinance 07-155 (Bill 159): An Ordinance Amending Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 07-156 (Bill 160): An Ordinance Amending Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 07-157 (Bill 161): An Ordinance Authorizing the Mayor of the County of Hawaii to Enter into an Intergovernmental Agreement for a State Water Pollution Control Revolving Fund Loan for Wastewater Public Improvement Projects; and Authorizing the Issuance of $24,096,351 General Obligation Bonds of the County of Hawaii for the Purpose of Financing Qualified Wastewater Public Improvements of the County of Hawaii. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 07-158 (Bill 162): An Ordinance Amending Ordinance No. 07-83, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2007 to June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 07-159 (Bill 163): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Yeaz Ending June 30, 2008. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 07-160 (Bill 164, Draft 2): An Ordinance Amending Ordinance No. 97 56, Which Reclassified Lands from Agricultural - 5 Acre (A-Sa) to Single Family Residential - 10,000 Square Feet (RS-10) at Kalaoa 4`h, North Kona, Hawaii, Covered by Tax Map Key 7-3-028:082 - 102 (Formerly 7-3-010:037). AYES: Council Members Higa, Ikeda, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 7; NOES: Council Members Ford and Jacobson - 2; ABSENT: None; EXCUSED: None. asey azman County Clerk (Hawai`i Tribune-Herald -October 27, 2007) (West Hawaii Today -October 27, 2007) Note: The original Digest/Affidavit is attached to Ordinance No. 07-148. Serving the Interests of the People of Our Island Hawaii County is an Equal Oppartaniry Provider and Employer