HomeMy WebLinkAboutCOM 0113.004 1998-2000 O '' N TV flf p,' O
Stephen K. Yamashiro . ,n,dl OFFICE (t 1 U
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LEGISLATIVE NJ7iTC1t`''thard Wurdeman
Mayor M . Corperatien Counsel
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OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720 -4262 • (808) 961 -8251 • Fax (808) 961 -8622
February 2, 1999
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TO: LIANA COX - ISHIZU c eO
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Legislative Assistant c( m 7
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FROM: RICHARD D. WURDEMAN = C
Corporation Counsel - u
SUBJECT: USE OF FUEL TAXES v.
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In your letter of January 29, 1999, you expressed the understanding that fuel tax funds could not
be used for the maintenance of "roads -in- limbo ".
You did not elaborate on what you mean by "roads -in- limbo ", but I presume that you mean
government roads which are claimed by neither the County, nor the State.
Hawaii Revised Statutes, (HRS), §243 -6 specifies the proper use for these funds. Among the
appropriate uses are repair and maintenance of highways and other streets, §243 -6(2), and
purposes connected with the preservation of safety upon public highways and streets, §243 -6(5).
HRS §264 -1, describes all roads, alleys, streets, ways, lanes, bikeways, opened, laid out by,
dedicated to, or built by the government are public highways.
Most of these roads commonly described as "roads -in- limbo ", at least in my experience, are
government roads which are not now the subject of regular maintenance. The term, however, has
also been used to describe private roads which are regularly used by the public.
Because of the lack of a precise definition of this term, I recommend that an alternative term be
placed in the ordinance to which you refer, so that it is clear that it refers only to government or
public roads. Should this be made clear, the use of fuel tax funds for maintenance would be
appropriate.
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fuel taxes:roads -limbo . I
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