HomeMy WebLinkAboutORD 1992-010 1992-1994ORDINANCE NO. ~~ 10
AN ORDINANCE AMENDING CHAPTER 2, HAWAII COUNTY CODE 1983, BY
ADDING A NEW ARTICLE AUTHORIZING THE EXECUTIVE BRANCH OF THE
COUNTY OF HAWAII TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE
GOVERNOR OF THE STATE OF HAWAII FOR MASS TRANSPORTATION PROGRAMS
PURSUANT TO SECTION 51D-5, HAWAII REVISED STATUTES.
BE IT ORDAINED BY THE COUNTY COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose.
The legislature enacted Act 183, 1990, which authorizes a
transit capital development fund into which the legislature has
dedicated to place $53,000,000 a year for a period from 1992
through fiscal year 2008. The money from this fund will be
available to the counties to fund mass transportation programs or
projects within the respective counties. Money from this fund
will be made available by the state to the counties conditioned
upon the respective counties providing a matching appropriation
and the executive branches of the county and state entering into a
development agreement approved by the legislature prior to any
monies being released from this fund.
In order to receive any of these monies, §51D-5 of the Hawaii
Revised Statutes, requires that the county by ordinance authorize
the executive branch of the county to enter into a development
agreement for a mass transit project with the governor, subject to
the disapproval of the legislature. The development agreement
shall: (1) describe the type of mass transportation project, the
areas to be served and anticipated ridership; (2) provide a
breakdown of costs and identify the anticipated funding sources,
including the amount being requested from the transit capital fund
and the source of county matching funds together with a phase-in
schedule of both costs and funding sources and a breakdown of
actions taken or required to be taken in order to provide for such
matching funds; (3) provide a schedule of disbursements from the
transit fund which shall be allowed; (4) provide a timetable for
the development of the mass transportation project; and
(5) provide for amendment at any subsequent time by mutual consent
of the parties subject to the legislature's disapproval as
provided in this section. Therefore, in order to carry out the
county's obligation of authorizing the executive branch to enter
into a development agreement which would make these funds
available to the county, the following ordinance is to be enacted.
SECTION 2. Chapter 2, Hawaii County Code 1983, is amended by
adding a new article to be appropriately designated and to read as
follows:
Section The executive branch with the concurrence of
the council by resolution shall be authorized to enter into a
development agreement with the Governor of the State of Hawaii
pursuant to §51D-5, Hawaii Revised Statutes, for the purposes of
the support and/or development of mass transportation programs.
The development agreement shall: (1) describe the type of mass
transportation project, the areas to be served, and anticipated
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ridership; (2) provide a breakdown of .costs and identify the
anticipated funding sources, including the amount being requested
from the transit fund and the source of county matching funds,
together with a phasing schedule of both costs and funding
sources, and a breakdown of actions taken or required to be taken
in order to provide for such matching funds; (3) provide a
schedule of disbursements from the transit fund which shall be
allowed; (4) provide a timetable for the development of the mass
transportation project; and (5) provide for amendment at any
subsequent time by mutual consent of the parties, subject to
legislative disapproval as provided for in this section.
SECTION 3. New material is underscored. In printing this
ordinance, the underscoring need not be included.
SECTION 4. 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 5. This ordinance shall take effect upon its
approval.
INTRODU BY:
COUZCI MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
January 22, 1992
January 22, 1992
February 5, 1992
February 5, 1992
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