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HomeMy WebLinkAboutBIL 130 Draft 02 2010-2012COUNTY OF HAWAII STATE OF HAWAII BILL NO. 130 (DRAFT' 2) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 41, SECTION 2 -208, SECTION 2 -209, AND SECTION 2 -210 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE DISASTER AND EMERGENCY FUND. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. A government should have a policy to guide the financial actions it will take in the event of emergencies, natural disasters, or other unexpected events. Such a policy identifies how the types of emergencies or unexpected events shall be handled from a financial management perspective. A sound fiscal policy with special funds that are sufficiently funded and managed can also help expedite relief efforts when an emergency does occur and allows the government to recover more quickly or more effectively in the event of a natural or human - caused disaster or emergency. Ordinance No. 04 -4 established the disaster and emergency fund to provide a strong fiscal policy that is dedicated to preserving the health, safety, and welfare of the citizens of the County, with the additional benefit of continuing to demonstrate sound financial management. Bolstering the County's contingency plan in advance of such situations may be viewed positively by rating agencies when evaluating a government's credit quality. The purpose of this ordinance is to ensure that the County has sufficient funding in place in the event of a natural or human - caused disaster or emergency and to further demonstrate appropriate and prudent management of County finances. SECTION 2. Chapter 2, article 41, section 2 -208, of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2 -208. Creation of fund N; 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 3. Chapter 2, article 41, section 2 -209, of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2 -209. Funding. [The disaster and emergency fund shall be funded each fiscal year by the council appropriating a minimum of $100,000.] caj 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 4. Chapter 2, article 41, section 2 -210, of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2 -210. Expenditures from the disaster and emergency fund. The [moneys] money in the disaster and emergency fund shall only be [only] utilized for the following purposes: (1) To repair [county] County facilities and infrastructure damaged by a natural or [man caused] human - caused disaster or emergency. (2) To clean up County property, including roads, drainage, and sewage systems, damaged by a natural or [man caused] human - caused disaster or other emergencies when such action serves a public purpose. To provide immediate response for services to deal with public health and safety risks due to a natural or [man caused] human - caused disaster or emergency in the form of personnel, equipment, materials, supplies, and service contracts. (4) To match federal, state, [and/or] or private grants -in -aid individually or in any combination to develop or restore public property to a safe and useable condition. 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." (3) (5) 2 SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such 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 to be severable. SECTION 6. 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 7. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1St Reading: Date of 2 "d Reading: Effective Date: REFERENCE% Comm: 438.2 INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I 3