HomeMy WebLinkAboutORD 2011-130 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 130
(DRAFT 2)
ORDINANCE NO. it A30
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 [:]; 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.
[
appropriating a minimum of $100,000.]
(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 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, [aver] 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.
INTRODUCED BY:
ge-0„.6%_.
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai`i
Date of Introduction: November 16, 2011
Date of 15` Reading: November 16, 2011
Date of 2 °d Reading: December 7 2011
Effective Date: December 21, 2011
REFERENCES Conan:
438.2
3
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Brenda Ford
November 16,
November 16,
November 26,
OFFICE OF THE COUNITT
County of Hawaii
Hilo, Hawaii t
2011
2011
2011
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS.•
December 7, 2011
December 15, 2011
December 21, 2011
December 21, 2011
December 31, 2011
I✓LERK
C 21
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
X
Ikeda
X
X
Onishi
X
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
X
6
2
1
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
8
0
1
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY Cfd1UPORATION UNSEL
COUNT OF HAWAI'I
Date
1''- J l
Approved/ sapproved this
of
, 20 11
MAYOR, COUNTY OF HA WAI `I
day
COUNCIL CHAIRPE
7
OUNTY CLERK
Bill No.:
Reference:
Ord No.:
130 (Draft 2)
C- 438.2/FC -153
11 130