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0 RD I N A NCES

CITY AND COUNTY OF HONOLULU

8051 - 80-111

Feb. 4, 1980 - Dec. 29, 1980

(For subjects covered by thëse ordinancessee subject index folder.)

MUNICIPALREFERENCE & RECORDS CENTERCity & County of HonoluiuCity. Hall Ahnex; 558 S. King StreetHonoluta Hawail 96813

Collated Åd bound by theMunicipal Reference & Records Center

Municipal Reference LibraryCity and County of Honolulu

(DPw)ORDINANCE NO. 6Ñ -1

Y BILL NO. 73 (1979)(Draft No. 3)

A BILL F0R AN ORDINANCE TO AMEND ARTICLE 4 , CHAPTER 9 , REVISEDORDINANCES OF HONOLULU, 1969, RELATING TO COLLECTION AND DISPOSAL CHARGES.

BE IT ORDAINED by the People of the City and County of Honolulu:

SECTION l.. Article 4, Chapter 9 of R.O. 1969, as amended, ishereby further amended in the following respects:

a. Section 9-4.1. is hereby amended to read as follows:

Sec. 9-4.1. Collection Charges for Businesses.(a) Unit Charge for Collection. For all refuse collected and

removed by the Division on regularly scheduled collectiondays from places of business there shall be a unit servicecharge equal to [$,10] $0.17 per cubic foot, provided thata minimum service charge of [$3.00] $5.00 per month orfraction thereof shall be assessed against each businessserved by the Division.

(b) Volumes of refuse shall be based on monthly averagesdetermined by periodic measurements. New accounts shallbe charged the minimum service charge of [$3.00] $5.00per month during the period that the monthly average volumein being determined, provided that after the average

,a monthly volume is determined retroactive adjustment ofcharges over the minimum may be made, if deemed to bewarranted, such determination to be made by the Directorof Finance.

(c) Service charges under this section shall be billed monthlyor himonthly by the Director of Finance, such determinationto be made by said Director, and shall be payable within30 days after the date of billing.

b. Section 9-4.2. is hereby amended to read as follows:

Sec. 9-4.2. Disposal Charges of Businesses, Federal and StateAgencies.

(a) Unit Charges for Disposal. For the receipt and disposalof refuse and other solid wastes delivered to disposalfacilities by any business, and Federal or State agency,the following unit charges shall apply:

(OCS 012280 LC)

80-1

(1) For refuse delivered to municipal-incinerators,[baling stations, transfer stations, shreddingstations or landfills, $.18] $0.70 per 100 poundsor fraction thereof. In the event of a breakdownor unavailability of weighing equipment, unitcharges shall be [$.901 $4.00 per.cubic yard orfraction thereof. The minimum charge per truck-load shall be [$2.00] $4.00.

(2) For refuse delivered to transfer stations, $0.73per 100 pounds or fraction thereof. In the eventof a breakdown or unavailability of weighing equip-ent, unit charges shall be $4 . 30 per cubic yard orfraction thereof. The minimum charge per truckloadshall be $4.30.

(3) For refuse delivered to landfills, $0.24 per 100pounds or fraction thereof upon the effective dateof this ordinance, $0.32 per 100 pounds or fractionthereof effective January 1, 1981, and $0.35 per100 pounds or fraction thereof effective January 1,1982. In the event of a breakdown or unavailabilityof weighing equipment, unit charges shall be $2.00per cubic yard or fraction thereof. The minimumchArge per truckload shall be $2.00.

(4) For special wastes requiring special handling orarrangements by city employees for proper disposalat landfills, $5.00 per truckload in addition to theunit charge above.

[(2)] (5) For derelict vehicles as defined in HRS, Chapter 290,¯ $20.00 each.

Ob) All charges under this Section shall be collected by theDirector of Finance under such procedures as shall be pre-scribed by him.

SECTION 2. Ordinance material to be repealed is bracketed. Newmaterial is underscored. When revising, compiling, or printing thisordinance for inclusion in Revised Ordinances of Honolulu, theCorporation Counsel need not include the brackets, the bracketed

Aterial or the underscoring.

I

(OCS 012280/LC)

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I

SECTION 3. This ordinance shall take effect on the first dayof the month following its approval by the Mayor or if disapprovedby the Mayor following an override by the Council notwithstandingthe veto by the Mayor.

IN ODUCE

Councilmembers

DATE OF INTRODUCTION:JULY 25, 1979

Honolulu, Hawaii

APPROVED AS TO FORM & LEGALITY:

Deputy Corporation Counsel

APPROVED this 4th day of

February , 1980.

Il r

FRANK F. FASI, MayorCity and County of Honolulu

(OCS/012280/LC)

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(ZD)ORDINANCE NO. $Û"Å BILL NO. 95 (1979)

GDRAFT NO. 1)

A BILL FOR AN ORDINANCE TO REZONE A PORTION OF EXISTING R-5 RESIDENTIALDISTRICT NO. R-23 SITUATED AT WAIKELE, EWA, OAHU, HAWAII, TO B-2COMMUNITY BUSINESS DISTRICT NO. R-327.


SECTION I. A portion of existing R-5 Residential District No.R-23 situated at Waikele, Ewa, Oahu, Hawaii, hereinafter described,is hereby rezoned to B-2 Community Business District No.,R-327.The boundaries of said 3-2 Community Business District Noi R-327shall be described as follows:

Being a portion of Royal Patent 5694, Land CommissionAward 6545, Apana 1, to H. Haalilio (Boundary CertificateNo. 20 to John Hamauku), situated approximately 200 feetSoutherly of Farrington Highway on the Southeasterly sideof Pahu Street at Waikele, Ewa, Oahu, Hawaii, and coveredby Tax Map Key,9-4-11i portion of 100.

Beginning at the Southwesterly corner of this parcel ofland, on the Southeasterly side of Pahu Street, thecoordinates of which referred to Government SurveyTriangulation Station "EWA CHURCH" being 3,462.07 feetSouth and 9,166.43 feet West and running by azimuthsmeasured clockwise from true South:

1. 194° 00' 118.54 feet along the Southeasterlyside of Pahu Street;

2. 258* 42' 303.61 feet along remainder ofR. P. 5694, L. C. Aw. 6545,Apana 1, to H. Haalilio;

3. 325° 55' 55.42 feet along remainder of R. P.5694, L. C. Aw. 6545, Apana 1,to H. Haalilio (Kapakahi Stream);

4. 331° 22' 91.12 feet along remainder of R. P.5694, L. C. Aw. 6545, Apana 1,to H. Haalilio (Kapakahi Stream);

Thence on a curve to the right with a radius of 272.00 feet,the chord azimuth and distance being:

5. 70° ll' 10" 80.54 feet along remainder of R. P.5694, L. C. Aw. 6545, Apana 1,to H. Haalilio;

80-2 =

6. 78* 42' 296.10 feet along remainder of R. P.5694, L. C. Aw. 6545, Apana 1,to H. Haalilio;

Thence on a curve to the right with a radius of 30.00 feet,the chord azimuth and' distance being:

7. 136 21' 50.69 feet along remainder of R, P.5694, L. C. Aw. 6545, Apana l,to H. Haalilio to the point ofbeginning and containing anarea of 1.244 acres more or less;

as shown on the map attached hereto, marked Exhibit "A" and byreference made a part hereof.

SECTION II. This ordinance shall take effect upon its approval.

INTRODUCED BY:

I

DATE OF INTRODUCTION:

NOVEMBER 7, 1979

Honolulu, Hawaii Councilmembers

APPROVED AS.TO FORMAND LEGALITY:

De ty Corporation Counsel

Approved this 4th day of February , 1980.


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¿T9' ¿2e -. FEBRUARY 4, 1980

(DLUM)

ORDINANCE NO. BILL No. 36 (1979)(DRAFT NO. 1)

A BILL FOR AN ORDINANCE TO AMEND THE DETAILED LAND USE MAP OFWAIAWA-HALAWA BY CHANGING THE LAND USE DESIGNATION FOR A CERTAINPARCEL OF LAND SITUATED IN WAIMALU, OAHU, HAWAII.

BE IT ORDAINED by the People of the City and County of Honolulu:SECTION I. A portion of the Detailed Land Use Map for

Waiawa-Halawa is hereby amended by changing the land use for138.5 acres of land situated mauka of the intersection of KomoMai Drive and Kaahele Street in Waimalu, Oahu, Hawaii, fromLow Density Apartment to Residential use, as shown on the mapattached hereto, marked Exhibit A, and by reference made a parthereof.

. SECTION II. This Ordinance shall take effect upon itsapproval.

INT ODUCED BY:

Councilmen

DATE OF INTRODUCTION:NOVEMBER 7, 1979

Honolulu, Hawaii

APPROVED AS TO FORMAND LEGALITY:




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Ifarann , Pram Grrn Ivarmy, Ivaywara, Kat..wano,rivet, Masawn-

fæn-, HanwNLena' sNuo76tŸ agCVCW/FON7Wy otC Pee? NorrWeasierly of A½áWersecy/ot; of Navne Ms/ Drne• avd Kashe/e SAnot.App//can-/.• Oeenv/ew Venfares .7exh/epxey: S-a-os:pen et as/%h//c thar/op: R/ann/ny dow>mjasion lo/ce/73 City Council-12/12/79Rrepare ' By . e rnent e la t/ / wat on

C¥£Dorb. FEBRDARY A, l980

(DLUM)ORDINANCE NO. $Û BILL NO. ÛÎ (19y9)

(DRAFT NO. 1)A BILL FOR

AN ORDINANCE TO AMEND A PORTION OF THE HALEIWA DETAILED LAND USEMAP BY CHANGING THE LAND USE FOR CERTAIN PARCELS OF LAND SITUATEDAT HALEIWA, OAHU, HAWAII, FROM AGRICULTURAL TO .COMMERCIAL USE.

BE IT ORDAINED by the People of the City and County of Honolulu:SECTION I. A portion of the Detailed Land Use Map of

Haleiwa is hereby amended for certain parcels of land identifiedby Tax Map Key 6-2-7: 19 and 31, and situated at Haleiwa, Oahu,Hawaii, by changing the land use designation from Agricultural toCommercial use, as shown on the map.attached hereto, marked.Exhibit A, and by reference made a part.hereof.

SECTION II. This Ordinance shall take effect upon itsapproval.

INT ODUCED BY:

Councilmen


NOVEMBER 7, 1979

Honolulu, Hawaii

APPROVED AS TO FORM ANDLEGALITY:



FRANR¯Ý. FASI, MayorCity and County of Honolulu

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80-5 / 109ORDINANCE NO. BILL NO. (1979)(Dratt No. 1)

A BILL FOR AN ORDINANCE TO AMEND CHAPTER 15, R. O. 1969 (TRAFFICCODE) OF THE CITY AND COUNTY OF HONOLULU, AS AMENDED, BY AMENDINGSECTION 15-24.17 MISCELLANEOUS TRAFFIC CONTROLS.


SECTION 1. Chapter 15, R. 0. 1969 (Traffic Code), City andCounty of Honolulu, as amended, is hereby further amended in thefollowing particulars:

a. By amending Section 15-24.17, Miscellaneous TrafficControls, by adding thereto the following:

"Ahonui Street. Commencing at the prolongation of themauka curbline of Linapuni street and measured along thecenterline of Ahonut Street in the mauka-kokohead direction,three anti-speed bumps on Ahonux street at the followingdistances trom said curbline:

No. 1 .......... 200 feetNo. 2 .......... 490 feetNo. 3 .......... )80 feet."

SECTION 2. Ordinance material is underscored. When revising,compiling or printing this ordinance for inclusion in the RevisedOrdinances of Honolulu, the Corporation Counsel need not includethe underscoring.

SECTION 3. Tais ordinance shall take effect upon its approval.


DECEMBER 12, 1979

honolulu, Hawaii

APPROVED AS TO FORM AND LEGALITY:

CouncilmembersDep ty Corpora on C unselAPPROVED this 4th day of

, 1980.

City and County of Honolulu

80-5

(ID)ORDINANCE NO.

ÛÛ¯ BILL NO. (19,79)(Draft No. 1)

A BILL FOR AN ORDINANCE PROVIDING FOR THE COST OF LMPROVEMENTS IN"IMPROVEMENT DISTRICT NUMBER TWO HUNDRED FIFTY-FOUR, LANIKAI DISTRICTSEWERS, SECTION 2, KAILUA, KOOLAUPOKO, OAHU, HAWAII, JOS NO. S3-79, "

AND FIXING THE PORTIONS OF THE COST TO BE AßSESSED AGAINST THE BENEFITEDPROPERTIES AND AGAINST THE OWNERS OR LESSEES THEREOF RESPECTIVELY, ANDIMPOSING A LIEN AGAINST EACH LOT OR PARCEL OF LAND ASSESSED ACCORDINGTO THE RESPECTIVE ASSESSMENTS.

BE IT ORDAINED BY THE PEOPLE OF THE CITY AND COUNTY OF BONOLULU:

Section 1. PRELIMINARYPROCEEDINGS CONFIRMED. The City Councildoes hereby adopt, approve,.and confirm, all and singular, theproceedings heretofore had and taken under the Improvement Statutesand Chapter 24, Revised Ordinances of Honolulu 1969, as amended, withrespect to the development, creation, and establishment of "IMPROVEMENTDISTRICT NUMBER TWO HUNDRED FIFTY-FOUR, LANIKAI DISTRICT SEWERS,SECTION 2, KAILUA, KOOLAUPOKO, OAHU, HAWAII, " and the making of theproposed improvements as set.forth and referred to in Resolutions ofsaid Council Nos. 78-181, 79-118, 79-188, 79-190, 79-246, 79-247,79-248, and the minutes of said Council as heretofore adopted, thePreliminary Report of the Director and Chief Engineer of the Departmentof Public Works dated April 2, 1979, the Final Report of said Directorand Chief Engineer, dated July 25, 1979, the Assessment Report ofsaid Director and Chief Engineer, dated October 16, 1979, accompanyingwhich report were the Assessment Map and Assessment Roll together witha list of all owners, lessees, and occupants (so far as known), inrespect of which notice and full hearings have heretofore been givenand held as required by said Improvement Statutes and Chapter 24,Revised Ordinances of Honolulu 1969, as amended; to all of whichreference is hereby made for a more particular and detailed descriptionof said Improvement District, the extent thereof, the location of therespective parcels of land rated in the assessment, and the specialbenefits accruing or to accrue therefrom by this reference incorporatedherein and made a part hereof.

Section 2. CONFIRMATION OF ASSESSMENTS. No protests having beenmade at the assessment hearing for this Improvement District held onNovember 21, 1979, and full and fair hearings having been held inrespect thereto and after careful consideration of the facts relatingthereto, and the method of apportionment heretofore proposed, it wasfound and established that each and every parcel of land rated in ormade subject to the assessments in said Improvement District is orwill be specially benefited by said improvements to the amount of therespective assessments proposed therefor on the Assessment Roll, datedOctober 16, 1979, and said assessments as contained therein are herebydeclared just and equitable both as to the respective total amounts andas to the apportionment as so listed and proposed; variations in shapesor depths of lots, if any, being immaterial so far as approximatebenefits of this improvement are concerned; and that said severalassessments contained in the Assessment Roll, dated October 16, 1979,accompanying said Director and Chief Engineer's Assessment Report,dated February 26, 1979, are hereby confirmed and adopted as and forthe assessments against properties in said Improvement District andagainst the owners or lessees thereof respectively.

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Ord. -F section 3. COST OF AUTHORI2ED IMPROVEMENTS. That it is herebyfound and declared that the total cost of the authorized improvementsin said Improvement District, based upon the bid of Highway ConstructionCo., Ltd., the lowest responsible bidder for improvements in placecomplete ($1,872,573.00), and the .cost of acquisition of sewer easementsand damages, engineering, inspection, advertising, and incidentals($210,000.00) is the total sum of TWO MILLION EIGHTY-TWO THOUSANDFIVE HUNDRED SEVENTY-THRE2 AND NO/100 DOLLARS ($2,082,573.00) ; that -

of this total cost, the sum of FOUR HUNDRED NINETY-FOURTHOUSANDFOUR HUNDRED FIFTY-TWO AND 32/100 DOLLARS ($494,452.32) is herebycharged, assessed, and levied against and shall be collected fromproperties in said Improvement District, privately owned and notspecifically exempted by this Ordinance, and the owners or lesseesthereof respectively, according to the total amounts heretofore listed,advertised, and computed according to the rate of assessmenthereinafter set forth; and the balance of the total sum cost to beborne by the City and County is the sum of ONE MILLION FIVE HUNDREDNINETY-ONETHOUSAND THREE HUNDRED TWENTŸ AND 68/100 DOLLARS($1,591,320.68).

Section 4. SPECIAL ASSESSMENT REVOLVING FUND. All moneys collectedby the Director of Finance of the City and County of Honolulu forassessments levied by thîs Ordinance, not required for the payment ofinterest and sinking fund for bonds sold, and the proceeds of all salesof bonds sold to cover the cost of improvements in said ImprovementDistrict shall be placed in the SPECIAL ASSESSMENT REVOLVING FUND.

Section 5. APPROPRIATION BY THE CITY AND COUNTY. That towardsthe share of the City and County as hereinbefore shown, from the variousaccounts for the Lanikai District Sewers, Section 2, the following sumshall be transferred:

1. Account No. 44-30-20111 $103,635.002. Account No. 11-30-01302 26,193.003. Account No. 17-30-01302 8,181.134. Account No. 17-30-01304 933.69

$138,942.82

to the credit of said SPECIAL ASSESSMENT REVOLVING FUND: provided, however,that all moneys heretofore advanced by the City and County for engineeringand incidental costs and/or for acquisition of land or sewer easementsfor said Improvement District shall be reimbursed from said SPECIALASSESSMENT REVOLVING FUND to the appropriate fund accounts; and out ofall moneys now or hereafter to become available in the SPECIAL ASSESSMENTREVOLVING FUND, the sum of TWO MILLION EIGHTY-TWO THOUSAND FIVE HUNDREDSEVENTY-THREE AND NO/100 DOLLARS ($2,082,573.00) is hereby appropriatedinto an account to be known as "Cost of Improvements - ImprovementDistrict Number Two Hundred Fifty-Four."

Section 6. ASSESSMENT RATE FOR SEWER IMPROVEMENTS. All propertieswithin said Improvement District created as aforesaid privately ownedand not herein specifically exempted, and the owners and/or lesseesthereof respectively, are hereby assessed for lands which are speciallybenefited at the rate of $0.16 per square foot on residential propertieswithin said Improvement District, all as set forth in said AssessmentMap and Assessment Roll heretofore incorporated herein, including allUmprovements set forth in the proceedings heretofore adopted andconfirmed.

Section 7. ASSESSMENT LIEN. All assessments made on propertieswithin said Improvement District shall be a lien against each assessedlot or parce in its entirety from the date of the first publicationof this O nance declaring the assessment until paid and shall havepriority over all other liens except the lien of property,taxes andfor other public purposes.

Section 8. PAYMENT OF ASSESSMENTS IN INSTALLMENTS. In caseof an election either by act of the owner or by other interestedparty, or by operation of law to pay an assessment in installments,the assessments herein shall be due and payable and must be paid tosaid Director of Finance in twenty (20) equal annual installments ofprincipal and the first of said installments of principal shall bedue and payable and must be paid to said Director of Finance withinthirty (30) days after the date of the last publication of thisOrdinance, and all subsequent installments of principal, togetherwith interest on the whole of the unpaid balance of principal at therate of six and one-half (6-1/2) per cent per annum shall be due andpayable annually thereafter, dating from the date of the lastpublication of this Ordinance.Section 9. This Ordinance shall take effect upon its approval.

INTRODUCE BY:

CouncilmenDATE OF INTRODUCTION:DECEMBER 12, 1979

Honolulu, Hawaii


February , 1980.

FRANK F. FASI, MayoCity and County of Honolulu

(Publication Date: February 27, 1980) - 3 -

The Honolulu Advertiser 80-6

(F/Pro)ORDINANCE NO. $Û BILL NO. 10 (1980)(Draft No. 1)

A BILL FOR AN ORDINANCE TO AMEND THE REVISED ORDINANCES OFHONOLULU 1969, AS AMENDED, BY AMENDING ARTICLE 45 OF CHAPTER 8,RELATING TO REHABILITATION LOAN REVOLVING FUND.

BE IT ORDAINED by the People of the City and County of Honolulu:SECTION 1. Article 45 of Chapter 8 of R. O. 1969 is hereby

amended to read as follows:

Article . Housing and Community DevelopmentRehabilitation Loan Revolving Fund.

Sec. 8- .1. Definitions.

(a) 'Rehabilitation' means the necessary andrequired improvement of a property in accordance with.project standards /27 or local code requirements.

(b) 'Project Standards' means code requireaments of a concentrated code enforcement projectand a rehabilitation project, and provisions ofthe Urban Renewal Plan for an urban renewal project.

(c) ' General Property Improvement ' means thegeneral renovation, improvement, alteration, expansionand enhancement of a property.

(Q d) 'Urban Renewal Project Area'- means a slumor blighteJ, deteriorated or deteriorating area asdefined by Section 53-51, Hawaii Revised Statutes.

(£(7 e) 'Concentrated Code Enforcement Project Area'means a deteriorated or deteriorating area as describedby Section 105(a)(3) of the Housing and CommunityDevelopment Act of 1974.

(/_i? f) 'Rehabilitation Project Area' means an areadesignated¯by the Administering Department, with theconsent of the City Council, for a voluntary propertyrehabilitation program.

(/lÏ{ g) 'Department' means the Department of Housingand Community Development.

(/g7 h_) /IDwelling Unit' means a room or roomsconnect-E3 togetner, constituting an independent housekeepingunit for a family and containing a single kitchen.7'Local Code Requirements' means requirements of fire, health,safety, sanitation, building and other requirements as citedin various laws, ordinances, codes and regulations of theCity and County of Honolulu.

(/1§F i) 'Eligible /Tamily'T Applicant' means one ormore perso_ns,

/¯all relafed by Flood, adoption_ or marriage,occupying/ who own or lease a /dwelling unit/ parcel ofland and who has /occupied/ beën an owner of lessee of said/uniti parcel of fand.for~a period of one year or moreimmediately prior to application for said loan.Sec. 8- .2. Title.

There is hereby created and established a Housing andCommunity Development Rehabilitation Loan Fund, which maybe cited as 'E&CD Loan Fund.'Sec. 8- .3. Purpose.

The purpose of this Revolving Fund is to make loanmoney available primarily_to low- and moderate-incomeapplicants who are owner/-occupantTs or lessee /-occupant/sof /fesidential properti¯s7 parceTs of land /in7 within

~

urbin renewal, concentratid code enforcement¯7ind_/ orrehabilitation project areas or are owners or lessees ofa parcel of land in the City and County of Honoluluthat have been cited for local code violations fromdepartments o± the City and County of Honolulu who areTor are owners or lessees of parcels of land who have needof rehabilitation or general property improvement asdetermined by the Department. Applicants eligible for -tinancing under this loan program must be unable to securefor qualify for/ funds under the Rehabilitation LoanProgram, Section 312/,/ of the Housing Act of 1964, asamended, or from othãF sources under comparable terms andconditions, to finance rehabilitation of their properties.

Eo conform to project standards.TThere is authorized sufficient sums to be appropriated

for each fiscal year which shall constitute a revolvingfund to be used by the Department in carrying out this loanprogram. All moneys in such revolving fund £ihallT maybe available for servicing loans made pursuant to thisArticle.

Sec. 8- .4. Limitations.

(a) Loans shall be made in the name of the City andCounty of Honolulu to an eligible

/Temilg¯/applicant who

is an owner/ToccupantT or /is aT lessee/-occupant./ of aparcel of lind containing TKot¯more thañ twoT one or moredwelling unitsT structurei which is situated in an

approved urban~renewal, concentrated code enforcement orrehabilitation project area/¯7

or are owners or lesseesof a parcel of land that ha?E been cited for local codeviolations from departments of the City and County ofHonolulu or has need of rehabilitation or general propertyimprovements.

(b) The amount of each loan, together with otherexisting liens, shall not exceed ninety percent (90%) ofthe appraised value of the fee property or leaseholdproperty after rehabilitation. /but in no event shallexceed the sum of $10,000 per dwelling unit.T

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(d) If there are rental units situated on propertiesunder this loan program, priority shall be given by theproperty owner or lessee to low- and moderate-incometamilies.(/ET d) All loans shall be adequately secured asdetermiEed¯by the Department.

(£37 e) All loans shall bear interest £it three parcent (3%) per annum/ on the outstanding balance thereofat an annual interäst rate to be determined by the Department.

(£iT f) Monthly payments shall be made on all loans.The Department may defer said payments for such periods asdeemed appropriate and necessary upon its determinationthat the applicant is unable to meet these payments becauseof limited income, unemployment or for any other validreason. Interest shall continue to accrue on all deferredloans.

(LTI g.) The term of each loan shall not exceed /ten -

(10) years or7 three-fourths (3/4) of the remainingeconomic life of the structure after rehabilitation or theremaining fixed rental period of a leasehold property lesstwo years, whichever is the least.

(g/~Th_) The Department may require that the loan/shall/ be paid in full should the owner-occupant orTessei-occupant borrower cease to be an occupant of the

property or if title or lease to the property is transferredprior to the maturity date, unless the succeeding title-holder(s) or leaseholder(s) meets the eligibility require-ments established by the Department for said loan.

(i) If there are rental units on the subject parcelof land, the loan shall be paid in full if it "is foundthat the property owner is in violation of the loanagreements as set by the Department.

(/ET 1) The Department may prescribe such charges,fees and other costs as may be related to each loan.

(£17 k) All loans shall be periodically reviewed toassure compliance with the above limitations.

Sec. 8- .5. Rules and Regulations.The Department shall, under its powers, adopt necessary

and appropriate rules and regulations to implement thepurpose of said Fund and be responsible for the administra-tion thereof.

SECTION 2. Ordinance material to be repealed is bracketed.New material is underscored. When revising, compiling orprinting this Ordinance for inclusion in the Revised Ordinancesof Honolulu, the Corporation Counsel need not include the brackets,the bracketed material or the underscoring.

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SECTION 3. This Ordinance shall take effect upon itsapproval.

I RODUCED BY:

DATE OF INTRODUCTION:JANUARY 10, 1980

Honolulu, Hawaii


D uty Corporation Counsel

APPROVED this 19 th day

of February ,1980.

FRANK F . ASI, Mayor Councilmembers

I

80 -7

(G/Pro)ORDINANCE NO.SÛ•$ BILL NO. 979)

(Draft No. JJ

A BILL FOR AN ORDINANCE RELATING TO THE REVISION OF THEREVISED ORDINANCES OF HONOLULU 1969, AS AMENDED, AND THECOMPILATION, CONSOLIDATION, REVISION, INDEXING AND ARRANGINGOF ALL ORDINANCES OF GENERAL AND PERMANENT NATURE ENACTED

AFTER JANUARY 1, 1970 AND THE CODIFICATION AND ADOPTION OF

THE FOREGOING AS THE REVISED ORDINANCES OF HONOLULU 1978;DECLARING.THE EFFECT THEREOF; AUTHORIZATIONOF PUBLICATIONAND SETTING THE EFFECTIVE DATE OF THE REVISED ORDINANCES OF

HONOLULU 1978; AND THE REPEAL OF THE REVISED ORDINANCES OF

HONOLULU 1969, AS AMENDED, AND ALL ORDINANCES ADOPTED BETWEEN

JANUARY 1, 1970 AND DECEMBER 31, 1978, EXCEPT AS OTHERWISEPROVIDED EEREIN.

BE IT ORDAINED by the People of the City and County ofHonolulu:

SECTION 1. Enactment of the provisions in, and adoptionas, the Revised Ordinances of Honolulu 1978.

a. Enactment. Each provision which revises theRevised Ordinances of Honolulu 1969, as amended, and eachprovision which constitutes the compilation, consolidationand revision of the ordinances enacted on and after January 1,1970, are hereby enacted as the Revised Ordinances ofHonolulu 1978;

b. Codification and adoption. The provisions whichare enacted as above, which are indexed and arranged, arecodified and adopted as the Revised Ordinances of Honolulu1978;

c. Revisor. The revision, compilation, consolidation,indexing and arranging of the Revised Ordinances of Honolulu1969, as amended, and ordinances enacted after January 1,1970, were done pursuant to the provisions of Section 3-203of the Revised Charter of Honolulu 1973 and Act 46 of theSession Laws of Hawaii, 1970, under the supervision andcontrol of the Corporation Counsel;

d. Designation and citation. The foregoing enactmentof ordinances and codification thereof are officiallydesignated as the Revised Ordinances of Honolulu 1978 andmay be cited as the ROH; and

e. Effective date. The ROH shall become effectiveon the day it is officially released by the Director ofFinance for sale to the public.

SECTION 2. Repeal of prior laws; what not repealed.All ordinances in force immediately prior to December 31,1978 which are embraced, with or without change, in the ROH

are hereby repealed on or after January 1, 1979, and somuch of the ROH as is applicable or corresponds thereto

80-8

shall be in force in lieu thereof; provided that the repealshall not apply to or affect the following, except to theextent that they are theretofore, superseded or repealed, towit:

a. All ordinances amending the Revised Ordinances ofHonolulu 1969, which are adopted and effective afterDecember 31, 1978, and which are omitted from the ROH,shall not be deemed to have been repealed,.but shall becontinued in full force and effect unimpaired by the ROH;

b. Any provision which was a part of an ordinance,amending ordinance, chapter, article, section, subsection,paragraph or subparagraph of the Revised Ordinances ofHonolulu 1969, as amended, which is omitted from the ROH

in the process of codifying the ROH;

c. Any ordinance or amending ordinance which is notof a general and permanent nature and which is not includedin or by reference made a part of the ROH;

d. Any provision in an ordinance of a temporarynature or any provision relating to the particular places,highways, projects, enterprises;

e. Any provision in an ordinance in the nature of asaving clause or short title, or any provision in an ordinancerelating to constitutionality, legislative findings orintent, interpretation, or the repeal of laws;

f. Any provision in an ordinance as to the time atwhich or manner in which provisions in an ordinance embracedin the ROH were or are to take effect or apply, or othertransition provisions in an ordinance; and

g. Any provision in an ordinance as to the effect ofnoncompliance of any ordinance or part thereof with anyfederal law, or as to the effect of failure to secure acertificate or approval of any federal officer or otherfederal agency, and notwithstanding the enactment of the ROH

such noncompliance, or the failure to secure such certificateof approval, shall have the same effect as if the ROH hadnot been enacted.

SECTION 3. Preservation of rights and liabilities.Said repeal shall not affect any act done, ratified, orconfirmed, or.any right accruing, accrued, or established,or any action, suit, or proceeding had or commenced in anycivil cause, prior to the repeal, .but all rights and liabilitiesunder any ordinance embraced in the ROH or so repealed shallcontinue and may be enforced in the same manner and with thesame effect as if the repeal had not been made; nor shallthe repeal in any manner affect the right to any office orchange the term or tenure thereof.

SECTION 4. Preservation of penalties for offenses,etc. Said repeal shall not affect any offense committed orany punishment, penalty, or forfeiture incurred, prior tothe repeal, under any ordinances embraced in the ROH or so

80-8

repealed,.but every such offense may be prosecuted andpunished,.and every such punishment, penalty, or forfeitureimposed and enforced, in the same manner and with the sameeffect us if the repeal had not.been made.SECTION 5. Construction of ROH. Provisions in the ROHshall be construed as continuations or amendments of applicableor corresponding provisions of previously existing iaws andnot as new enactments. Inscase of a conflict between two ormore provisions, or in any case.of a latent or patent ambiguityor obvious.clerical error in any provision of the ROH,reference may be had to the previously existing laws for thepurpose of applying the rules of construction relating torepeal by implication.or for the purpose of resolving theambiguity or correcting the error.

- SECTION 6. References in existing ordinances.References in-ordinances not repealed to provisions embraced,with or without change, in the ROH shall be construed asapplying to such provisions-in the ROH.

SECTION 7. Effect of this ordinance. The enactment bySection 1 of this ordinance of the ROH shall not affect orrepeal the ordinances passed after January 1, 1979, whichshall become law prior to the date of the taking effect ofthe ROHr but all such ordinances shall have full effect, andso far as these ordinances vary from or conflict with anyprovision contained in the ROH, they shall have the effectof subsequent ordinances and as amending, repealing oradding to the ROH. For.purposes of incorporation into theROH, all references to general ordinances passed afterJanuary 1, 1979 to the Revised Ordinances of Honolulu 1969,as amended, or to any other previously existing ordinancesshall be deemed to refer to the applicable or correspondingprovisions contained in the ROH.

SECTION 8. Revisor. When any ordinance repealing aformer ordinance or provision shall be itself repealed, such .repeal shall not be construed to revive such former ordînanceor provision.

SECTION 9. Correction of errors; formal changes.The Corporation Counsel may correct before the publicationof the ROH in bound form typographical and grammaticalerrors, erroneous references to sections, and other mistakesobviously made through oversight or accident and may alsomake any other purely formal or clerical changes in keepingwith the purpose of the revision.SECTION 10. Printing, binding, and distribution. The

Director of Finance is authorized to obtain bids for advertis-ing for the printing of the ROH and to determine the numberof volumes necessary based on past experience. The Directorof Finance is authorized to furnish copies of the ROH at nocost to government agencies which were previously accordedsimilar treatment and shall sell copies to other persons ata price to be fixed by·him, not exceeding $ 100 . TheDirector of Finance may change the sales price when circum-stances make such change advisable. The ROH shall be

I

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included as part of tihe inventory of the municipal storeand the cost of publishing same shall be paid out of themunicipal store's account and any income derived therefromfrom the sale of the ROH shall be included in the municipalstore's account.

SECTION 11. Copies for public inspection. There shallbe at least three copies of the ROH available for examinationby the public at the Clerk's office.I

SECTION 12. Effective date. This ordinance shall takeeffect upon its approval, except as provided in Section 1

relative to the ROH.

INT ODUCED BY:

Councilmembers


NOVEMBER 28, 1979

Honolulu, Hawaii



APPROVED this 6 day of1980.

FRANK F. FASI, Mayor

i

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so.s

(AEC)ORDINANCE NO.SÛ-9(BILL NO. 5 , 1980)

(Draft No. 2)

CAPITAL BUDGET ORDINANCE SUPPLEMENTARY NO. 4

A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 79-60, AS AMENDED, RELATING TOTHE CAPITAL BUDGET ORDINANCE OF THE CITY AND COUNTY OF HONOLULU FOR THE FISCALYEAR JULY 1, 1979 TO JUNE 30, 1980.

BE IT ORDAINED by the People of the City and County of Honolulu:SECTION 1. Ordinance No. 79-60, as amended, relating to the Capital Budget

of the City and County of Honolulu for the fiscal year July 1, 1979 to June 30,1980, is hereby further amended as follows:

Appropriating the following amount which is in addition to the amountsestimated and appropriated in Ordinance No. 79-60, as amended:

General Improvement Bond Fund........................... $ 1,878,000

SECTION 2. The amount appropriated in Section 1 shall be and is herebyappropriated to the following departments and projects:

GENERAL IMPROVEMENT BOND FUND

SANITATIONSewage Collection and Disposal:

DEPARTMENT OF PUBLIC WORKS -

Division of Wastewater ManagementAla Moana Sewage PumpStation Modification................................... $ 1,658,000

CULTURE-RECREATIONParticipant, Spectator and

Other Recreation:DEPARTMENT OF PARKS AND RECREATION

Barbers Point Beach Park....................... $ 100,000Kuhio Beach Park............................... 70,000Waipahu Field.................................. 50,000

Total Culture-Recreation........................... 220,000

TOTAL CAPITAL IMPROVEMENT APPROPRIATION............ $ 1,878,000

(OCS/020680/LC)

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SECTION 3. This Ordinance shall take effect upon its approval.

Councilmembers


January 10 , 1980Honolulu, Hawaii


Dep y Corporafon unsel


March , 1980.

FRANK F . FASI, MayorCity and County of Honolulu

(OCS/020680/LC)

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I

so-oI

CAPITAL IMPROVEMENT PROGRAMFOR THE FISCAL YAR JULY 1, 1979 TO ,JUNE 30, 980

Capital Program Amendment No. 4

Funds for New Proiects

CULTURE-RECREATIONParticipant, Spectator and Other Recreation:

DEPARTMENT OF PARKS AND RECREATIONWaipahu Field....................................................... $ 50,000

(Construction............... $ 50,000)

Funds for Current Year's Pro1ects


DEPARTMENT OF PUBLIC WORKS --

Division of Wastewater ManagementAla Moana Sewage Pump Station Modification........................ $ 1,658,000

(Construction.............. $1,429,000)(Inspection............... $ 229,000)


DEPARTMENT OF PARKS AND RECREATIONBarbers Point Beach Park............................................ $ 100,000

(Construction............... $ 100,000)

Kuhio Beach Park.................................................... $ 460,000(Construction............... $ 70,000)(Construction Federal EDA .. $ 390,000)

TOTAL......................................................... $ 2,268,000

MEANS OF FINANCING

General Improvement Bond Fund........................................... $ 1,878,000Federal KDA Funds....................................................... 390,000

TOTAL.................................................... $ 2,268,000

(OCS/020680/LC)

80-9 .

('IC)

ORDINANCE NO. 80-10 BILL NO. (1980)(Draft No. 1)

A BILL FOR AN ORDINANCE TO AMEND CHAPTER 15, R. 0. 1969 (TRAFFICCODE) OF THE CITY AND COUNTY OF HONOLULU, AS AMENDED, BY AMENDINGSECTION 15-24.17 MISCELLANEOUS TRAFFIC CONTROLS.

BE IT ORDAINED by the People of the City and County of Honolulu:SECTION 1. Chapter 15, R. O. 1969 (Traffic Code), city and

County of Honolulu, as amended, is hereby further amended in thefollowing particulars:

a. By amending Section 15-24.17, Miscellaneous TrafficControls, by deleting therefrom the following:

/¯Peltier Avenue. Ewa bound traffic on Peltier Avenuesha11¯turn right into Ala Napunani._7SECTION 2. Ordinance material to be repealed is bracketed.

When revising, compiling or printing this Ordinance for inclusionin the Revised Ordinances of Honolulu, the Corporation Counselneed not include the brackets or the bracketed material.

SECTION 3. This ordinance shall take effect upon its approval.

i


JANUARY 10, 1980Councilmembers

Honolulu, HawaiiAPPROVED AS TO FORM AND LEGALITY:

Deputy Corpora-tion Counsel


City and County of Honolulu

8O -10

e

ORDINANCE NO. 80 -11 BILL NO. È (1980)(Dratt No. 1)

A BILL FOR AN ORDINANCE TO AMEND CHAPTER 15, RO 1969 (TRAFFIC CODE)OF THE CITY AND COUNTY OF HONOLULU, AS AMENDED, BY AMENDING ARTICLEKXIV, MISCELLANEOUS PROVISIONS, BY AMENDING SECTION 15-24.17THEREOF TO ESTABLISH A NEW SCHEDULE TO BE ENTITLED "SCHEDULE XXXVIIÏ,MISCELLANEOUS TRAFFIC CONTROLS".

BE IT ORDAINED by the People of the.City and County of Honolulu:SECTION 1. Chapter 15, RO 1969 (Traffic Code), City and

County of Honolulu, as amended, is hereby further amended in thefollowing particulars:

a. By amending Section 15-24.17, Miscellaneous TrafficControls, to read as follows:

"Sec. 15-24.17. Miscellaneous Traffic Controls.Miscellaneous traffic controls are hereby established

and described in schedule XXXVIII attached hereto and madea part hereot. All trattic controis not covered elsewhereshall be listed under this section.

/TAHUA STREET. Mauka bound traffic on Ahua Streetat the intersection of Ahua Street and Kikowaena Streetshall turn right onto Kikowaena Street at said inter-section during the hours of 6:30 a.m. to 8:30 a.m.Monday through Friday.

AHUIMANU STREET. Traffic traveling in the maukadirection on Ahuimanu Road shall yield the right-of-wayacross Ahuimanu Bridge to vehicles approaching from theopposite direction which have entered upon the bridgeor are approaching so closely thereto as to constitutean immediate hazard.

ALA WAI BOULEVARD. Traffic on Ala Wai Boulevard atthe intersection of Ala Wai Boulevard and KalakauaAvenue shall not proceed to the opposite side of thestreet by crossing Kalakaua Avenue at said intersection.

HOTEL STREET. Ewa bound traffic on Hotel Streetshall turn right into River Street, except City buses.

KAMAU PLACE. Commencing at the prolongation of theKahuku property line of Keaahala Road and measured bythe Department of Transportation Services along thecenterline of Kamau Place in the Kahuku direction, twoanti-speed bumps are to be placed on Kamau Place at thefollowing distances from said property line:

No. 1 -- 100 ft.No. 2 -- 290 ft.

KAPIOLANI BOULEVARD. Ewa bound traffic on KapiolaniBoulevard shall turn right into South Street.

8 O -11

KE NUI ROAD. Commencing at the prolongation of theKaena property line of lot address 59-381 Ke Nui Roadand measured along the centerline in the Kahuku direction,thirty-two anti-speed bumps are to be placed on Ke NuiRoad at the following distances from said property line:

No. 1 ..... 2' No. Ú7 ..... 2540'No. 2 ..... 145' No. 18 .. .. 2685'No. 3...... 295' No. 19 . ... 2870'No. 4 ..... 415' No. 20 ..... 2990'No. 5 ..... 600 No. 21 ..... 3190'No. 6 ..... 760' No. 22 ..... 3285'No. 7 ..... 900' No. 23 ..... 3505'No. 8 ..... 1010' No. 24 ..... 3700'No. 9 ..... 1200' No. 25 ..... 3805'No. 10 ..... 1385' No. 26 ..... 3910'No. 11 ..... 1495' No. 27 ..... 4135'No. 12 ..... 1645' No. 28 ..... 4240'No. 13 ..... 1800' No. 29 ..... 4415'No. 14 ..... 2060' No. 30 ..... 4580'No. 15 ..... 2240' No. 31 ..... 4710'No. 16 ..... 2395' No. 32 ..... 4895'

KULANUI STREET. Kulanui Street, from Hale LaaBoulevard to the Kaneohe border of the Laie Schooldriveway is closed to vehicular traffic on school daysduring the hours of 8:00 a.m. to 2:00 p.m.

LINAPUNI STREET. Commencing at the prolongation ofthe kokohead curb line of Kamehameha IV Road and measuredby the Department of Transportation Services along thecenterline of Linapuni Street in the kokohead-maukadirection, six anti-speed bumps are to be placed onLinapuni Street at the following distances from saidcurb line:

No. 1 -- 370 ft. No. 4 -- 1250 ft.No. 2 -- 715 ft. No. 5 -- 1640 ft.No. 3 -- 980 ft. No. 6 -- 2010 ft.

PELTIER AVENUE. Ewa bound traffic on PeltierAvenue shall turn right into Ala Napunani.

TEMPORARY DETOUR ROAD. Vehicular traffic on theTemporary Detour Road between Mokapu Boulevard andKapaa Quarry Road is subject to all applicable pro-visions of the Traffic Code.

TWENTIETH AVENUE. Twentieth Avenue from HardingAvenue to Pahoa Avenue is closed to vehicular trafficduring the hours of 7:00 a.m. to 3:00 p.m. on schooldays.

WARD AVENUE. Makai bound vehicles, except Citybuses, in the ewa lane of Ward Avenue approachingBderetan

he mo nnshpeak pre iright into Beretania Street

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8 O -·11

YOUNG STREET (Reserved Parking Police Vehicles).

Any provision of the Traffic Code to the contrarynotwithstanding, during the hours of 1:30 g.m. to3:30g.m. Monday.through Friday, the following provisionsare in-effect on Young Street between Keeaumoku Streetand the ramp of the Honolulu Police Department:

(a) The makai half of Young Street betweenKeeaumoku Street and the ewa driveway of the StateAgriculture Department shall be used only for parkingof police vehicles--double parking;

(b) No parking on the mauka side; and

(c) Two-way tíaffic on the mauka half ofYoung Street.

The Police Department is authorized to implementthe foregoing provisions by use of barrier or barriers,traffic cones and other suitable signs and to assign auniformed police officer to direct and control trafficin the area during said hours.

The Police Department is further authorized toremove or cause to be removed at the owner's expenseany vehicle left parked in violation of the foregoingprovisions.

WAIKIKI MULTI-LOOP TRAFFIC CIRCULATION PLAN. Anyprovision of the Traffic Code to the contrary notwith-standing, it shall be the duty of the Director ofTransportation Services to establish one-way trafficpatterns, to determine the installation and propertiming and maintenance of traffic control devices, toconduct engineering analyses of traffic accidents, andplace and maintain such signs, signals, pavementmarkings and other traffic control devices and todevise remedial measures, to the operation of trafficon the streets as he may deem necessary to implementthe "Waikiki Multi-Loop Traffic Circulation Plan",adopted on the 23rd day of,March, 1971, by the Council,and which is by reference incorporated herein and madea part hereof; provided that upon implementation ofsaid plan the Director of Transportation Services ishereby authorized to make changes to said plan whichare beneficial to said plan and do not alter thebasic traffic pattern; and provided, further, thatwhen such changes are made, they shall be subject tothe provisions provided herein regarding legal noticeand before such changes become effective. Said planshall cover the streets for the Kalia-Waikiki areasof the City and County of Honolulu as shown on themap designated "Portion of 1967 General Plan, DetailedLand Use Map, Waikiki Diamond Head (Section A),"adopted by Ordinance No. 3147 on March 28, 1968, plusa portion of the area delineated on the.attached map(map attached to Ordinance No. 3.714 adopted on

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80-11

March 29, 1971 and filed in the Office of the CityClerk). The force and effect of all provisions ofthe Traffic Code in conflict with the foregoing,shall be superseded.

The establishment oflone-way traffic includingany necessary directional signs or markings,-and anychanges thereto as mentioned hereinabove shall nottake effect unless a legal notice is published oneday a week for three consecutive weeks in a dailynewspaper of general circulation in the City. 7"

SECTION 2. Ordinance material to-be repealed is bracketed.New material is underscored. When revising, compiling, orprinting this ordinance for inclusion in the Revised Ordinancesof Honolulu, the Corporation Counsel need not include thebrackets, the bracketed material or the underscoring.


INTR DUCED BY:

Councilmenbers


JANUARY 10, 1980

Honoluiu, Hawaii



APPROVED this 6 day ofMarch , , 1980.

FRANK F. FASI, yor

8 0 -11

SCHEDULE XXXVIIIMISCELLANEOUS TRAFFIC CONTROLS

Section 15-24.17. All traffic controls not covered elsewhere shallbe listed under .this section. The following are hereby designatedmiscellaneous traffic controls:

AHUA STREET. Mauka bound traffic on Ahua Street at the inter-section of Ahua Street and Kikowaena Street shall turn right ontoKikowaena Street at said intersection during the hours of 6:30 a.m.to 8:30 a.m. Monday through Friday.AHUIMANU STREET. Traffic traveling in the mauka direction on

Ahuimanu Road shall yield the right-of-way across Ahuimanu Bridgeto vehicles approaching from the opposite direction which haveentered upon the bridge or are approaching so closely thereto as toconstitute an immediate hazard.

ALA WAI BOULEVARD. Traffic on Ala Wai Boulevard at the inter-section of Ala Wai Boulevard and Kalakaua Avenue shall not proceedto the opposite side of the street by crossing Kalakaua Avenue atsaid intersection.

HOTEL STREET. Ewa bound traffic on Hotel Street shall turnright into River Street, except City buses.

KAMAU PLACE. Commencing at the prolongation of the Kahukuproperty line of Keaahala Road and measured by the Department ofTransportation Services along the centerline of Kamau Place in thekahuku direction, two anti-speed bumps are to be placed on KamauPlace at the following distances from said property line:

No. 1 -- 100 ft.No. 2 -- 290 ft.

KAPIOLANI BOULEVARD. Ewa bound traffic on Kapiolani Boulevardshall turn right into South Street.KE NUI ROAD. Commencing at the prolongation of the Kaenaproperty line of lot address 59-381 Ke Nui Road and measured alongthe centerline in the kahuku direction, thirty-two anti-speed bumpsare to be placed on Ke Nui Road at the following distances from saidproperty line:

No. 1 ..... 2' No. 17 ..... 2540'No. 2 ..... 145' No. 18 ..... 2685'No. 3 ..... 295' No. 19 ..... 2870'No. 4 ..... 415' No. 20 ..... 2990'No. 5 ..... 600' No. 21 ..... 3190'No. 6 ..... 760' No. 22 ..... 3285'No. 7 ..... 900' No. 23 ..... 3505'No. 8 ..... 1010' No. 24 ..... 3700'No. 9 ..... 1200' No. 25 ..... 3805'No. 10 ..... 1385' No. 26 ..... 3910'No. 11 ..... 1495' No. 27 ..... 4135'No. 12 ..... 1645' No. 28 ..... 4240'No. 13 ..... 1800' No. 29 ..... 4415'No. 14 ..... 2060' No. 30 ..... 4580'No. 15 ..... 2240' No. 31 ..... 4710'No. 16 ..... 2395' No. 32 ..... 4895'

80-11

KULANUI STREET. .Kulanui Street, from Hale Laa Boulevardto the Kaneohe border of the Laie School driveway is closedto vehicular traffic on school.days duringithe hours 8:00 a.m. to2:00 p.m.

LINAPUNI STREET. Commencing at the prolongation of thekokohead curbline of Kamehameha IV Road and measured by theDepartment of Transportation Services along the centerline ofLinapuni Street in the kokohead-mauka direction, six anti-speedbumps are to be placed on Linapuni Street at the following dis-tances from said curbline:

No. 1 -- 370 ft. No. 4 -- 1250 ft.No. 2 -- 715 ft. No. 5 -- 1640 ft.No. 3 -- 980 ft. No. 6 -- 2010 ft.

PELTIER AVENUE. Ewa bound traffic on Peltier Avenue shallturn right into Ala Napunani.

TEMPORARY DETOUR ROAD. Vehicular traffic on the TemporaryDetour Road between Mokapu Boulevard and Kapaa Quarry Road is sub-ject to all applicable provisions of the Traffic Code.

TWENTIETH AVENUE. Twentieth Avenue from Harding Avenue toPahoa Avenue is closed to vehicular traffic during the hours7:00 a.m. to 3:00 p.m. on school days.

WARD AVENUE. Makai bound vehicles, except City buses, inthe ewa lane of Ward Avenue approaching Beretania Street shallturn right into Beretania Street during the morning peak period.

YOUNG STREET (Reserved Parking Police Vehicles).

Any provision of the Traffic Code to the contrary notwith-standing, during the hours 1:30 p.m. to 3:30 p.m. Monday throughFriday, the following provisions are in effect on Young Streetbetween Keeaumoku Street and the ramp of the Honolulu PoliceDepartment:

(a) The makai half of Young Street between KeeaumokuStreet and the ewa driveway of the State Agriculture Depart-ment shall be used only for parking of police vehicles--double parking;

(b) Nos perking..dth the mauka _side; and

(c) Two-way traffic on the mauka half of Young Street.

The Police Department is authorized to implement the foregoingprovisions by use of barrier or barriers, traffic cones and othersuitable signs and to assign to uniformed police officer to directand control traffic in the area during said hours.

The Police Department is further authorized to remove orcause to be removed at the owner's.expense any vehicle left parkedin violation of the foregoing provisions.

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80.22

WAIKIKI MULTI-LOOP TRAFFIC CIRCULATION PLAN. Any provisionof the Traffic Code to the contrary notwithstanding, it shall be ithe duty of the Director of Transportation Services to establishone-way traffic patterns, to determine the installation and propertiming and maintenance of traffic.control devices, to conductengineering analyses of traffic accidents, and place and maintainsuch signs, signals, pavement markings and other traffic controldevices and to devise remedial measures, to the operation of trafficon the streets as he may deem necessary to implement the "WaikikiMulti-Loop Traffic Circulation Plan", adopted on the 23rd day ofMarch, 1971, by the Council, and which is by reference incorporatedherein and made a part hereof; provided that upon implementation ofsaid plan the Director of Transportation Services is herebyauthorized to make changes to said plan which are beneficial tosaid plan and do not alter the basic traffic pattern; and provided,further, that when such changes are made, they shall be subject tothe provisions provided herein regarding legal notice and beforesuch changes become effective. Said plan shall cover the streetsfor the Kalia-Waikiki areas of the City and County of Honolulu asshown on the map designated "Portion of 1967 General Plan, DetailedLand Use Map, Waikiki Diamond Head (Section A)," adopted by OrdinanceNo. 3147 on March 28, 1968, plus a portion of the areedelineated onthe attached map (map attached to Ordinance No. 3714 adopted onMarch 29, 1971 and filed in the Office of the City Clerk). Theforce and effect of all provisions of the Traffic Code in conflictwith the foregoing, shall be superseded.

The establishment of one-way traffic including any necessarydirectional signs or markings, and any changes thereto as mentionedhereinabove shall not take effect unless a legal notice is publishedone day a week for three consecutive weeks in a daily newspaper ofgeneral circulation in the City.

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8 O -11

ORDINANCE NO. $Û BILL NO. ÍS (1980)6

A BILL FOR AN ORDINANCE TO AMEND CHAPTER 28, R.O., CITY ANDCOUNTY OF HONOLULU, 1969, AS AMENDED, BY CHANGING THE FARESTRUCTURE OF THE SPECIAL TRANSIT SYSTEM (HANDI-VAN).

BE IT ORDAINED by the People of the City and County of Honolulu:SECTION 1. Chapter 28, R.O., 1969, as amended, relating to

the Public Transit System is hereby further amended in thefollowing respect:

Article . Special Transit Service.Sec. 28- .5. Fare, is amended to read:

"Any person utilizing this special transit service shallpay a fare of [50 centsi $1.00 per one-way passenger trip."

SECTION 2. Ordinance material to be repealed is bracketed.New material is underscored. When revising, compiling orprinting this ordinance for inclusion .in the Revised Ordinancesof Honolulu, the Corporation Counsel need not include thebrackets, the bracketed material or the underscoring.


CouncilmembersDATE OF INTRODUCTION:

JANUARY 23, 1980Honolulu, Hawaii



APPROVED this 6 day ofMarch

, , 1980.

FRANK F. FASI, MayCity and County of Honolulu

80-12

ORDINANCE NO. Û- / BILL NO. -(1989)

(DRAFT NO. 1)

A BILL FOR JUT ORDINANCE TO RESONE A PORTION OF EXISTING R-6 RESIDENTIALDISTRICT SITUATED AT HALAWA, EWA, OAHU, HAWAII, TO A-2 APARTMENTDISTRICT NO. R-86 AND P-1 PRESERVATION DISTRICT NO. R-17.

BE IT ORDAINED by the People of the City,and County of Honolulu:SECTION I. A portion of existing R-6 Residential District

situated at Halawa, Ewa, Oahu, Hawaii, hereinafter described, ishereby rezoned to A-2 Apartment District No. R-86 and P-1 PreservationDistrict No. R-17. The boundaries and area of said A-2 ApartmentDistrict No. R-86 and P-1 Preservation District No. R-17 shall bedescribed as follows:

Ord.**° A. A-2 APARTMENT DISTRICT NO. R-86

Being portions of Lot 179-A-1-A (Map 107) of Land CourtApplication 966 and Lot A of Exclusion 5 of Land CourtApplication 966, situated on the Southerly side ofKahuapaani Street approximately 800.00 feet Northerly ofSalt Lake Boulevard at Halawa, Ewa, Oahu, Hawaii, andcovered by Tax Map Key 9-9-02: portion of 16.

Beginning at the Northwest corner of this parcel of land,on the Southerly side of Kahuapaani Street, the coordinatesof which referred to Government Survey TriangulationStation "SALT LAKE" being 1,173.42 feet North and 6,306.33feet West and running by azimuths measured clockwise fromtrue South:

1. 244° 20' 49" 92.75 feet along the Southerlyside of Kahuapaani Street;

2. 247° 44' 25" 535.56 feet along the Southerlyside of Kahuapaani Street;

3. 334° 24' 318.45 feet along remainder ofLot 179-A-1-A of Land CourtApplication 966, alongLot 4-C of Exclusion 4;

4. 309° 06' 45" 143.11 feet along Lots 4-C, 4-B and4-A of Exclusion 4;

5. 289° 30' 160.84 feet along Lots 37, 36 and 35of Block "F" (Map 40) of LandCourt Application 966;

6. 266° 10' 114.09 feet along Lots 35, 34 and 33of Block "F" (Map 40) of LandCourt Application 966;

7. 318° 06' 90.50 feet along Lot 26 of Block "F"(Map 40) of Land CourtApplication 966;

8. 48° 06' 400.00 feet along Lots 25, 24, 23, 22and 21 of Block "F" (Map 40)of Land Court Application 966;

9. 100° 55' 139.37 feet,along Lots 34 and 35 ofBlock "D" (Map 36) of Land.Court Application 966;

10. 182° 42' 20" 29.41 feet along remainder of Lot179-A-1-A of Land CourtApplication 966;

ll. 102° 30' 120.21 feet along remainder of Lot179-A-1-A of Land CourtApplication 966;

12. 92° 32' 47.53 feet along remainder of Lot179-A-1-A of Land CourtApplication 966;

13. 82° 51' 20" 111.81 feet along remainder of Lot179-A-1-A of Land CourtApplication 966;

14. 64° 30' 40" 54.76 feet along remainder of Lot179-A-1-A of Land CourtApplication 966, along remainderof Lot A of Exclusion 5;

15. 83° 36' 40" 33.18 feet along remainder of Lot Aof Exclusion 5;

16. 71° 31' 50" 41.59 feet along remainder of Lot Aof Exclusion 5;

17. 2° 19' 21.69 feet along remainder of Lot Aof Exclusion 5;

18. 92° 19' 105.64 feet along Lot 46 of Block "D"(Map 36) of Land CourtApplication 966;

19. 114° 31' 30" 112.94 feet along Lots B-7 and B-6 ofExclusion 5;

20. 90° 09' 125.00 feet along Lots B-6 and B-5 ofExclusion 5;

21. 214° 20' 30" 239.44 feet along remainder of Lot179-A-l-A of Land CourtApplication 966;

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22. 154 21' 286.14 feet along the remainder ofLot 179-A-1-A of Land CourtApplication 966 to the pointof beginning and containinga gross area of 11.594 acres,and a net area of 10.084 acres,after deducting portions ofLot 179-A-1-A of Land CourtApplication 966 and Lot A ofExclusion 5 of Land CourtApplication 966, as P-1Preservation District No. R-17containing an area of 1.510acres, being more particularlydescribed below in Section I.B.

Ord.1tua._ B. P-1 PRESERVATION DISTRICT NO. R-17

Being portions of Lot 179-A-1-A of Land Court Applîcation966 and Lot A of Exclusion 5 of Land Court Application 966,situated off the Southerly side of Kahuapaani Streetapproximately 800 feet Northerly of Salt Lake Boulevard atHalawa, Ewa, Oahu, Hawaii, and covered by Tax Map Key9-9-02: portion of 16.

Beginning at the most Westerly corner of this parcel ofland approximately 250.00 feet from the Southerly sideof Kahuapaani Street F.A.P. I-Hl-1(95), the true azimuth,and distance from the initial point of the parcel of landdescribed above as A-2 APARTMENT DISTRICT NO. R-86, being327° 14' 27" 258.10 feet, the coordinates of said pointof beginning referred to Government Survey TriangulationStation-"SALT.LAKE" being 956.37 feet North and 6,166.67feet West and running by azimuths measured clockwise fromtrue South:

1. 247° 44' 25" 37.00 feet along remainder ofLot 179-A-1-A of Land CourtApplication 966;

2. 281° 30' 260.00 feet along remainder ofLot 179-A-1-A of Land CourtApplication 96ß;

3. 247° 44' 25" 205.00 feet along remainder ofLot 179-A-1-A of Land CourtApplication 966;

4. 307° 00' 197.00 feet along remainder ofLot 179-A-1-A of Land CourtApplication 966;

5. 14° 40' 62.57 feet along remainder ofLot 179-A-l-A of Land CourtApplication 966;

-3-

80 -13

6. 104 40' 255.22 feet along remainder ofLot 179-A-1-A of Land CourtApplication 966;

7. 67° 44' 25" 222.00 feet along remainder.ofLot 179-A-l-A of Land CourtApplication 966; alongremainder of Lot A ofExclusion 5;

8.. 104° 40' 108.36 feet along remainder ofLot 179-A-1-A of Land CourtApplication 966;

9. 154° 21' 145.64 feet along remainder ofLot 179-A-1-A of Land CourtApplication 966 to the pointof beginning and containingan area of 1.510 acres;


SECTION II. A Unilateral Agreement marked Exhibit "B" is byreference incorporated herein and made a part hereof.

SECTION III. This ordinance shall take effect upon itsapproval.

INTRODUCED BY:


JANUARY 10, 1980

Honolulu, HawaiiAPPROVED AS TO FORMAND LEGALITY:

Councilmembers

De dty Corporation Counsel

Approved this 12 day of ggypt , 1980.

FRANK F. FASI, May rCity and County of¯Honolulu

-4-

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.Dek-.' MARCE 12, 1980 ggg/" 80 -13

ym ORIGINAI. OF THIC DOCUMm.nen, RECORDED AS FOLLOWS:

STATE OF HAWAIIOFFICE OF

BUREAU OF CONVEYANCESRECORDATION REQUESTED BY: ) asceved for recora ets...........U.........·

AFTER RECORDATION, RETURN TO: )secore.« a ----.····------------

RETURN BY: Mail ( ) Pickup ( ) )

UNILATERAL AGREEMENT ANDDECLARATION FOR CONDITIONAL ZONING

THIS INDENTURE, made this /JY day of (PÁçrWAbn

19]ÿ , by ALIMANU DEVELOPMENT CORPORATION, a Hawaii corporation,whose principal place of business and post office address is436 Piikoi Street, Honolulu, Hawaii 96814, hereinafter referred

to as "Declarant", CENTRAL OAHU LAND CORPORATION, a Hawaii corpora-tion, whose principal place of business is 700 Bishop Street,

Honolulu, Hawaii 96813, and whose post office address is PostOffice Box 3230, Honolulu, Hawaii 96801, hereinafter called "COLC",and the QUEEN'S MEDICAL CENTER, a Hawaii eleemosynary corporation,hereinafter referred to as "Queen's", the recorded owner of that

certain parcel of land situated at Ahupuaa at Halawa, District ofEwa, City and County of Honolulu, State of Hawaii, described byExhibit A attached hereto and incorporated herein, and said landbeing hereinafter referred to as "Property",

WITNESSETH:

WHEREAS, the City Council of the City and County ofHonolulu, State of Hawaii, hereinafter referred to as "Council"

is considering a change in zoning of the Property from R-6Residential District to A-2 Apartment District and P-l Preservation

District zones; and

WHEREAS, the Council recommended through its Planningand Zoning Committee that said change in zoning be approved for

80-13

passage on third reading.subject to .certain conditions pursuant

to Ordinance No. 4300 set forth in Exhibit B attached hereto

and made a part.hereof and which shall be made a part of the

Zoning Ordinance;.andWHEREAS, Declarant has agreed to execute this instrument

pursuant to the provisions of said Ordinance No. 4300,

NOW, THEREFORE, the Declarant hereby makes the following

Declaration:

1. This Declaration is made pursuant to the provisions

of Ordinance No. 4300, relating to conditional zoning. The

Declaration shall become fully effective on the effective date

of the Soning Ordinance approving the change of zoning for the

land from R-6 Residential District to A-2 Apartment District and

P-1 Preservation District zones for the land described in Exhibit A.

2. That the Declarant agrees to develop said landsin substantial conformance with aforesaid conditions and withthe understanding that the issuance of a building permit by

the appropriate agency of the City and County of'Honolulu shall

constitute satisfaction of this agreement.

3. That the conditions imposed are reasonable and

rationally relate to the objective of preserving the public

health, safety and general welfare and the further implementationof the General Plan of the City and County of Honolulu.

AND IT IS EXPRESSLY UNDERSTOOD AND AGREED that theconditions imposed in this Declaration shall run with thelands and shall bind and constitute notice to all subsequentlessees, grantees, assignees, mortgagees, lienors and anyother persons who claim an interest in the lands, and the

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City and County of Honolulu of the State of Hawaii shall

have the right to enforce this Declaration by appropriate

action at law or suit in equity against all such persons,

provided that the Declarant or -its successors and assigns

may at any time file a petition for the removal of the

conditions and termination of this Unilateral Agreement,

such petition to be processed in the same manner as petitions

for zone changes.

IN WITNESS WHEREOF, the undersigned has executed

this Declaration the day and year first above written.

ALI TION CEyNT LAND ON

ts Its SECRETARY

Declarant COLC

QUEEN 'S MEDICA

Its VICE CHAIRMAN & SECRETARV

ByIts

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STATE OF HAWAII )

) ss.CITY AND COUNTY OF.HONOLULU )

On this clay of , 19&, before y/Ime appeared au , ybeing by me duly s rn did s that t the y JJ

ely, of ALIMANU DEVELOPMENTCORPORATION, a Hawaii corporation; that the seal affixed to theforegoing instrument is the corporate seal of said corporationand that said instrument was signed and sealed on behalf of saidcorporation by authority of its Board of Directors; and saidacknogledged said nstrument to be the free act and deed of saidcorporation.

Nota 1 c, of Hawaii.

My commission expires: ¡¡Á/f3

STATE OF HAWAII )

) SS.CITY AND COUNTY OF HONOLULU )

On this LTU3 day of (2, 199 , before

me appeared GHE¶WJY LEE and BAkbARA Wu.SON ,

being by me duly sworn, did say that they are the VILe malubNiand crowspy respectively, of CENTRAL OAHU LANDCORPORATION, a Hawaii corporation; that the seal affixed to theforegoing instrument is the corporate seal of said corporationand that said instrument was signed and sealed on behalf of saidcorporation by authority of its Board of.,Directors;,..and said

CHEW Hai LEE andacknowledged said instrument to be the free act and deed of saidcorporation.

Notáry Publid, State of Hawaii.My commission expires: J'1443

8 0 -13

STATE OF HAWAII )

) ss.CITY AND COUNTY OF HONOLULU )

On this / day of s r>UL , 19 , beforeme appeared K.L NU is

being by me duly sworn, did say that the VICE CHAIRMAN & SECRETARY

to , swaye-Li Cly, of QUEEN'S MEDICAL CENTER,a Hawaii eleemosynary corporation; that the seal affixed to theforegoing instrument is the corporate seal of said corporationand that instrument was signed and sealed on behalf of saidcorporatio yNggghority of its Board of Directors; and said

ana-acknowledged said instrument to be the free act and deed of saidcorporation.

Mcosnexps

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LAND SITUATED AT HALAWA, EWA, OAHU, HAWAII

Being a portion of Lot 179-A-1-A (Map 107) of

Land Court Application 966

Seing also a portion of Exclusion 5 of

Land Court Application 966

Beginning at the Northwest oorner of this parcel of land,-on

the Southerly side of Eahuapaani Street, the coordinates of which

referred to Government Survey Triangulation Station *SALT LAKS" being

1173.42 feet North and 6306.33 feet West and running by azimuths

snaasured clockwise from true South:

1. 244* 20' 49" 92.75 feet along the Southerly sida ofEahuapaani street;

2, 247* 44' 25" 535.56 feet along the Southerly side ofKahuapaani Street;

3. 334* 24' 318.45 feet along remainder of Lot 179-A-1-Aof Land Court Application 966,along Lot 4-C of Exclusion 47

4. 309* 06' 45" 143,11 feet along Lots 4-C, 4-3 and 4-A ofExclusion 4:

5. 289' 30' 160.84 feet along Lots 37, 36 and 35 ofBlock "F" (Map 40) of Land CourtApplication 96G:

6. 266' 10' 114.09 feet along Lots 35, 34 and 33 ofBlock "F" (Map 40) of Land CourtApplication 966:

7. 318* 06' ,90.50 feet along Lot 26 of Block "F" (Map 40)

of Land Court Application 966;

8. 48* OS' 400.00 feet along Lota 25, 24, 23, 22 and 21of Block "r" (Map 40) of LandCourt Application 966;

-1-

EXHIBIT A 80--13

9. 100* 55' 139.37 feet along Lota 34 and 35 of Block "D(Map 36) of 1,and CourtApplication 966;

10. 182* 42' 20 7.2& feet along remainder of Lot 179-A-1-Aof Land Court Application 966 7

11. 136* 12' 10" 39.37 feet along remainder of Lot 179-A-1-Aof Land Court Application 966;

12. 102* 30' 91.22 feet along remainder of Lot 179-A-1-Aof Land Court Application 966;

13. 92* 32' 47.53 feet along remainder of Lot 179-A-1-Aof Land Court Appligation 966;

14. 82* 51' 20" 111.81 feet along remainder of Lot 179-A-1-Aof Land Court Application 966 r

15. 64* 30' 40* 54.76 feet along remainder of Lot 179-A-1-Aof Land Court Application 966,along remainder of Lot A ofExclusion 5;

1G. 83* 36' 40" 33.18 feet along remainder of Lot A ofExalusion St '

17. 71* 31' 50" 41.59 feet along remainder of Lot A ofExclusion 5.·

18. 2* 19' 21.69 feet along remainder of Lot A ofExclusion 57

19. 92*-19' 105.64 feet along Lot 46 of Block "D' (Map 36)of Land Court Application 966:

20. 114* 31' 30" 112.94 feet along Lots B-7 and B-6 ofExclusion 5;

21. 90* 09' 125.00 feet along Lota B-G and B-5 ofExoluzion 5;

22. 214* 20' 30" 239.44 feet along remainder of Lot 179-A-1-Aof Land Court Application 966;

23. 154* 21' 286.14 feet along remainder of Lot 179-A-1-Aof Land Court Application 966 tothe point of beginning and con-taining an area of 11.601 Acres.

COMMUNITY PLANNING, INC.

u o . . By . 4No. 2717-5 garry K. Matsuo

RegisteraÁ Professional Surveyor700 Bishop Street All, U-6 Certificate Number 2717Honolulu, Hawaii ·- --"

-2-

June 8, 1979

80 -13

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EXHIBIT B

Conditions for Unilateral.Agreement, Request of

Alimanu Development Corporation.1. A 1.5+ acre neighborhood park shall be developed prior

to occupancy, subject to plan review and approved by the

Department of Parks and Recreation.

2. Improvements and/or construction at the intersection of

the project with Kahuapaani Street shall be provided at

the developer's cost and subject to approval of the State

Department of Transportation.

3. A program acceptable to the Department of Housing and

Community Development to provide no less than 10 percentof the units for low and moderate-income housing will be

submitted.4. Sewer improvements, off-site development inclusive, shall

be provided at the developer's cost and subject to the

approval of the Department of Public Works and provided

further that a drainage evaluation and report be submittedto and approved by the Department of Public Works.

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(RT)

ORDINANCE NO. $Û* BILL NO. 76 (1979)(Draft No. 3)

A BILL FOR AN ORDINANCE RELATING TO REAL PROPERTY TAXES,INCLUDING PENALTIES FOR VIOLATIONS.

BE IT ORDAINED by the.People of the City and County ofHonolulu:

SECTION -.1. The purpose of this ordinance is to

implement the authority granted to the City and County ofHonolulu to assess, impose, and collect real property taxesbased on an amendment to the Constitution of the State ofHawaii which was adopted on November 7, 1978, by the electorate.

RATE; LEVY

SECTION -.2. Property defined. "Property" or "realproperty" meais¯and includes all land and appurtenancesthereof and the buildings, structures,.fences, and improvementserected on or affixed to the same, and any fixture which iserected on or affixed to such land, buildings, structurés,fences, and improvements, including all machinery and other ,mechanical or other allied equipment and the foundationsthereof, whose use thereof is necessary to the utility ofsuch land, buildings, structures, fences and improvements,or whose removal therefrom cannot be accomplished withoutsubstantial damage to such land, buildings, structures,fences and improvements, excluding, however, any growingcrops.

SECTION -.3. Tax base and rate. Except as exemptedor otherwise taxed, all real property shall be subject eachyear to a tax upon sixty per cent of its fair market valuedetermined in the manner provided by ordinance, at such rateas shall be determined in the manner provided in section -

.47. No taxpayer shall be deemed aggrieved by an assessment,nor shall an assessment be lowered, except as the result ofa decision on an appeal as provided by law.SECTION -

.4. Tax year; time as of which levy and assessmentmade. For real¯property tax purposes, "tax year" shall meanthe fiscal year beginning July 1 of each calendar year andending June 30 of the following calendar year. Real propertyshall be assessed, and taxes shall be levied thereon, as ofJanuary 1 preceding each tax year upon the basis of valuationsdetermined in the manner and at the time provided in thischapter.

80-14

SECTION -.5. Assessment of property; to whom in general.

Realproperty~shall

be assessed in its entirety to the ownerthereof; provided that where improved residential land hasbeen leased=for a term of fifteen years or more, the realproperty shall be assessed in its entirety to the lessee orhis successor in .interest holding the land for such termunder such lease and the lessee or successor in interestshall be deemed the owner of-the real.property.in its entiretyfor the purpose of this chapter; provided, however,-that thelease and any extension, renewal, assignment, or agreementto assign the lease (1) shall have been duly entered intoand recorded in the bureau of conveyances or filed in theoffice of the assistant registrar of the land court prior toJanuary 1 preceding the tax year for which the assessment ismade, and (2) shall provide that the lessee shall pay alltaxes levied on the property during the term of the lease.

"Improved residential land" as used herein means landimproved with a single family dwelling on it.

For the purposes of this chapter, life tenants, personalrepresentatives, trustees, guardians, or other fiduciariesmay be, and persons holding government property under anagreement for the conveyance of the same to such personsshall be considered as owners during the time any realproperty is held or controlled by them as such. Lesseesholding under any government lease shall be considered asowners during the time any real property is held or controlledby them as'such, as more fully provided in section

_

-.41;

and further, notwithstanding any provisions to the contrary,in this chapter, any tenant occupying government land,whether such occupancy be on a permit, license, month tomonth tenancy, or otherwise, shall be considered as ownerwhere such occupancy has continued for a period of one yearor more, as more fully provided in section -

.41. Personsholding any real property under an

agreement~to¯purchase thesame, shall be considered as owners during the time the realproperty is held or controlled by them as such; provided theagreement to purchase (1) shall have been recorded in thebureau of conveyances, and (2) shall provide that the purchasersshall pay the real property taxes levied on the property.Persons holding any real property under a lease for a termto last during the lifetime of the lessee, shall be consideredas owners during the time the real property is held orcontrolled by them as such; provided that the lease (1)shall have been duly entered into and recorded in the bureauof conveyances or filed in the office of the assistantregistrar of the land court prior to January l preceding thetax year for which the assessment is made, and (2) shallprovide that the lessee shall pay all taxes levied on theproperty during the term of the lease.

SECTION -.6. Imposition of real property taxes onreclassificationl¯A portion of real property taxes shall be

imposed upon and paid by the owner or owners thereof when:

(1) The property of the owner has been leased for aterm of fifteen years or more; and

(2) The classification of the property has beenchanged to a classification of a higher use duringthe life of the lease; and

80-14

(3) The classification to a higher use has occurredwithout the lessee, who occupies the property,petitioning for such higher classification.

Taxes which are .imposed upon the owners of propertyunder this section shall be paid by the owner of suchproperty without being transferred to the lessee who occupies -

the property and such tax shall be the difference betweenthe assessed valuation of the property after the classificationchange times the applicable tax rate less the assessedvaluation of the property as it existed prior to the classificationchange times the applicable tax rate.

SECTION -_.7; Assessment of property of corporationsor copartnerships. Property of a corporation or copartnershipshall be assessed to it under its corporate or firm name.

SECTION .8. Fiduciaries, liability. Every personalrepresentative; trustee, guardian, or other fiduciary shallbe answerable as such for the performance of all such acts;matters, or things as are required to be done by thischapter in respect to the assessment of the real property herepresents in his fiduciary capacity, and he-shall be liableas such fiduciary for the payment of taxes thereon up tootheamount of the available property held by him in such capacity,but he shall not be personally liable. He may retain, out -

of the money or other property which he may hold or whichmay come to him in his fiduciary capacity, so much as may benecessary to pay the taxes or to recoup himself for thepayment thereof, or he may recover the amount thereof paidby him from the beneficiary to whom the property shall havebeen distributed.

SECTION -.9. Assessment of property of unknown owners.

The taxable property of persons unknown, or some of whom areunknown, shall be assessed to "unknown owners", or to namedpersons and "unknown owners", as the case may be. Thetaxable property of persons not having record title theretoon January 1,.preceding the tax year for which the assessmentis made, may be assessed to "unknown owners", or to namedpersons and "unknown owners", as the case may be. Suchproperty may be levied upon for unpaid taxes.

TAX MAPS; VALUATIONS

SECTION -.10. Maps. The department of finance shallprovide maps drawn to appropriate scale, showing all parcels,

blocks, lots, or other divisions of land based upon ownership,and their areas or dimensions, numbered or otherwise designatedin a systematic manner for convenience of identification,valuation, and assessment. The maps, as far as possible,shall show the names of owners of each division of land, andshall be revised from time to time as ownerships change andas further divisions of parcels occur. The department shallalso maintain, as and when such information is available, ofland for the guidance of assessors and the information oftax review tribunals and the general public.

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80 -14

The director of finance may charge fees for the use andother disposition of tracings of these maps, including

copies or prints made therefrom, by private persons or firms

as.provided for by ordinance.

SECTI0N - .11. -Valuation; considerations in fixing.

(a) The direitor of finance shall cause the fair marketvalue of all taxable real property to be determined and

annually assessed as provided by law; provided, that.thevalue of land classified and used for agriculture, whethersuch lands are dedicated pursuant to section - .13 ornot, shall; for real property.tax purposes, be the value ofsuch land for agricultural use without regard to any valuethat such land might have for other purposes.or uses, or toneighboring land uses, as determined as provided in subsection(f)(2) of this section. In making such determination andassessment, the director shall separately value and assess,within each class established in accordance with subsection(d) of this section: (1) buildings, and (2) all other.realproperty, exclusive of buildings.

(b) All property shall be valued by appropriatesystematic methods so selected and applied as to obtain, asfar as possible, uniform and equalized assessments throughoutthe County.

(c) So far as practicable, records shall be compiledand kept which shall show the methods established by orunder the authority of the director, for-the determinationof values.

(d) (1) Land shall be classified, upon considerationof its highest and best use, into the followinggeneral classes:

(A) Single-family residential,

(B) Two or.more family residential,

(C) Apartment,

(D) Hotel and resort,

(E) Commercial,

(F) Industrial,

(G) Agricultural, and

(H) Conservation.

(2) In assigning land to one of the generalclasses the director of finance shall givemajor consideration to the districtingestablished by the land use commissionpursuant to chapter 205, Hawaii RevisedStatutes, the districting established by thecounty in its general plan and zoning ordinance,use classifications established in thegeneral plan of the State, and such otherfactors which influence highest and best use.

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8 0 -14

(e) The director shall select and require the use ofmathematical tables or formulas based upon a suitable unitof quantity and designed to determine equitably the effect,upon the value, of street or highway frontages, depth fromthe street or highway, shape, street corners,,and otherphysical elements the effect of which upon value the directorfinds feasible to determine by means of tables or formulas.These tables or formulas shall be used for all areas where .this can be done appropriately, and in any event as providedin the next paragraph.

Whenever land has been divided into lots or parcelswhich are used or suitable for use for residential, commercial,or other urban or village purposes,,each such lot or parcelshall be separately assessed, and the aforesaid mathematicaltables or formulas shall be used unless this is precluded bythe shape of the lots or parcels.

(f) (1) In determining the value of land, other thanland classified and used for agriculture,consideration shall be given to sellingprices and income (including, where available,such data relating to the property beingassessed and similar data for comparableproperties), productivity, and nature of use(actual and potential), the advantage ordisadvantage of factors such as location,accessibility, transportation facilities,size, shape, topography, quality of soil,water privileges, availability of.water andits cost, easements and appurtenances,zoning, dedication of lands as provided forin section -

.13, and further to theopinions of persons who may be considered tohave special knowledge of land values, andall other influences, whether similar tothose listed or not, which fairly and reasonablybear upon the question of value.

(2) In determining the value of lands which areclassified and used for agriculture, whethersuch lands are dedicated pursuant tosection -.13 or not, consideration shall

be given¯to¯rent,productivity, nature ofactual agricultural use, the advantage or

disadvantage of factors such as location,accessibility, transportation facilities,size, shape, topography, quality of soil,water privileges, availability of water andits cost, easements and appurtenances, and tothe opinions of persons who may be consideredto have special knowledge of land values.

(3) A deferred or roll back tax shall be imposedon the owner of agricultural lands assessedaccording to its agricultural use as providedin subsection (a) of this section in theevent of a change in land use classificationby the authorized state agency to urban or

-5-

80 -14

rural districts or upon the subdivisionof the land into parcels of five acres orless, provided that the tax shall not applyif the owner dedicates his land as provided insection -

.13 within three years from thedate of the¯change in land use classificationand fulfills all of the requirements of thededication. The deferred tax shall be dueand payable at the end of the third .year

following the change in land use classificationprovided that the land shall continue to beused-for agriculture during this period. Thetotal amount of deferred taxes shall be computedcommencing at the end of the third yearfollowing the change in classification wherethe land has continuously been used foragriculture, provided however that where theland has been put to a higher urban or ruraluse prior to the expiration of the three-yearperiod the amount of deferred taxes shall becomputed commencing at the end of the year inwhich the land has been put to such higherurban or rural use, and shall be retroactiveto the date the assessment was made pursuantto subsection (a) of this section provided theretroactive period shall not exceed ten years.Where the owner has subdivided his land intoparcels of five acres or less, the deferredtax shall commence from the date the conversionwas made retroactive to the date the assessmentwas made pursuant to section (a) of thissubsection but for not more than ten years.Any other provisions to the contrary notwithstanding,the deferred or roll back tax shall applyonly if a change in land use classificationhas been made as a result of a petition by anyproperty owner or lessee and shall applyonly upon lands owned by the owner or lesseewho has petitioned for the change in classification.The deferred or roll back tax shall not applyto lands owned by any owner or lessee who hasnot petitioned for the change in classificationprovided the owner or lessee shall continue touse the land in its agricultural use for aperiod of three years after the change in landuse classification is made, or where the changein classification is initiated by any governmentalagency or instrumentality. The deferred orroll back tax shall be based on the differencein assessed value between the highest andbest use and the agricultural use of the land,at the tax rate applicable for the respectiveyears.(A) Where the owner subdivides his land into

parcels of five acres or less, thedeferred tax shall be due and payablewithin sixty days of such conversion,subject to a ten per cent per annumpenalty.

-6-

80 -14

08) Where the owner changes the land useclassification, the deferred tax shallbe due and payable within three years ofsuch conversion except that where theland has been put to its higher urban orrural use, the tax shall be due andpayable at the end of the year in whichthe land has been put to such higheruse, subject to a ten per cent per annumpenalty.

Jay other provision to the contrary notwithstanding,the land shall.continue to be assessed in itsagricultural use as provided in subsecfion -(a) of this section until the land is put toits higher urban or rural use for a period ofthree years following the.change in classificationwhichever is shorter, provided that forpurposes of determining the amount of deferredtaxes to be assessed to the owner or lessee,the retroactive period shall include theperiod during which.the land is continued tobe assessed in its agricultural use followingthe change in classification. Any.tax dueand owing shall attach to the land as aparamount lien in favor of the County asprovided for by ordinance.

(4) Where lands located within agriculturaldistricts are put to agricultural uses, thatportion of such lands not usable or suitablefor any agricultural use, whether dedicatedpursuant to section

-_.13 or not, the tax

upon such unusable or unsuitable land shallbe deferred and shall be payable upon conversionas provided under this section.

(g) Buildings shall be valued each year upon the basisof the cost of replacement less depreciation, if any. Age,condition and utility or obsolescence shall be considered.The director.shall determine and require the use of average-basic replacement cost factors.

In determining the value of buildings, considerationshall be given to any additions, alterations, remodeling,modifications or other new construction, improvement orrepair work undertaken upon or made to existing buildings asthe same may result in a higher assessable valuation of saidbuildings, provided however that any increase in valueresulting from any additions, alterations, modifications orother new construction, improvement or repair work to buildingsundertaken or made by the owner-occupant thereof pursuant tothe requirements of any urban redevelopment, rehabilitationor conservation project under the provisions of part II ofchapter 53, Hawaii Revised Statutes, shall not increase theassessable valuation of any building for a period of sevenyears from the date of certification as hereinafter provided.

It is further provided that the owner-occupant shallfile with the director of finance, in the manner and placewhich the director may designate, a statement of the detailsof the improvements certified in the following manner:

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(1) In the case of additions, alterations, mod-ificationsor other new construction, improvement or repairwork to a building that are undertaken pursuant toany urban redevelopment, .rehabilitation or conservationproject as hereinabove mentioned, the statementshall be certified by the Mayor or any governmentalofficial.designated by him and approved by theCouncil, that the additions,.alterations, modifications,or-other new construction, improvement or repairwork to the buildings were made and satisfactorilycomply with the particular urban redevelopment,rehabilitation or conservation act provision, or

(2) In the case of maintenance or repairs to a residentialbuilding undertaken pursuant to any health,safety, sanitation or other governmental codeprovision, the statement shall be certified by theMayor or any governmental official designated byhim and approved by .the Council, that 04) thebuilding was inspected by them and found to besubstandard when the owner-occupant made hisclaim, and DB) the maintenance of repairs to thebuildings were made and satisfactorily comply withthe particular code provision.

SECTION -.12. Water tanks. Any provision to the

contrary notwitEstanding, any tank or other storage receptaclerequired by any government agency to be constructed orinstalled on any taxable real property before water for homeand farm use is supplied, and any other water tank, ownedand used by a real property taxpayer for storing watersolely for his own domestic use, shall be exempted indetermining and assessing the value of such taxable realproperty.

SECTION -.13. Dedicated lands. (a) A special land

reserve is esEaElished to enable the owner of any parcel ofland within an agricultural district, a rural district, a

conservation district, or any urban district to dedicate hisland for a specific ranching or other agricultural use andto have his land assessed at its value in such use provided,that if the land is located within an urban district, (1) a

lessee of the land with a term of ten or more years remainingfrom the date of the petition shall also be deemed an ownerof the land within these provisos; (2) the land dedicatedmust be used for the cultivation of crops such as sugarcane, pineapple, truck crops, orchard crops, ornamentalcrops, or the like; (3) the land dedicated must have beensubstantially and continuously used for the cultivation ofcrops such as sugar cane, pineapple, truck crops, orchardcrops, ornamental crops, or the like for the five yearperiod immediately preceding the dedication request; providedfurther, that land situated within an agricultural districtmay be dedicated for a period of twenty years and shall betaxed at fifty per cent of its assessed value in such use.

(:b) If any owner desires to use his land for a specificranching or other agricultural use and to have his landtaxed at its assessed value in this use or fifty per cent ofits assessed value as the case may be, lua shall so petitionthe director of finance and declare in his petition that hisland can best be used for the purpose for which he requestspermission to dedicate his land and that if his petition isapproved he will use his land for this purpose.

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· ·

so-a

d Upon receipt of any such petition, the director shallmake a finding of fact <Us to whether the land in the petitionarea is reasonably well suited for the intended use. Thefinding shall include and be based upon the productivityratings of the land in.those uses for which it is bestsuited, a study of the ownership, size of operating unit,the present use of surrounding similar lands and othercriteria as may:be appropriate.

The director shall also make a ainding of fact as towhether the intended use.is in conflict with the over-alldevelopment plan of the State.

If both findings are favorable to the owner, thedirector shall approve the petition and declare that theowner's-land is dedicated land; provided, that for lands inurban distri ts, idus director.shall make further findingsrespecting the economic feasibility of the intended use ofthe land. If all three findings are favorable, the directorshall approve the petition and declare the land to bededicated. A change in the dedicated use may be made bypetition as provided in this subsection.

(c) The approval by the director of'the petition todedicate shall constitute a forfeiture on the part of theowner of any right to change the use of his land to a useother than agriculture for a minimum period of ten years ortwenty years as the case may be, automatically renewableindefinitely, subject to cancellation as follows:

(1). In the case of a ten-year dedicati:on,the owner mayafter the ninth year and years thereafter, givenotice of cancellation by filing with the director,a written notice of cancellation, on or beforeApril 9, to be effective as of January 1 of thefollowing tax year;

(2) In the case of a twenty-year dedication, the ownermay during the nineteenth year and years thereaftergive notice of cancellation as provided by thissubsection;

(3) In the case of a change m a major land useclassification not as a result of a petition byany property owner or lessee such that the owner'sland is placed within on urban district, thededication may be cancelled within sixty days ofthe change by the owner. Upon.any conveyance ormay change in ownership during the period o£dedication, the land shall continue to be subjectto the terms and conditions of the dedicationunless a release has been issued by the director.

(d) Failure of the owner to observe the restrictionson the use of his land shall cancel the dedication andspecial tax assessment privilege retroactive to the date ofthe dedication, but in any event, shall not exceed the termof the original dedication, and all differences in theamount of taxes that were paid and those that would havebeen due from assessment in the higher use shall be payablewith a ten per cent a year penalty from the respective datesthat these payments would have been due. The additionaltaxes and penalties, due and owing as a result of a breachof the dedication, shall be a paramount lien upon theproperty as provided for by this chapter. Failure to observethe restrictions on the use means failure for a period oftwelve

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consecutive months to use the land in that manner requestedin the petition or the overt act of changing the use for anyperiod provided that a change in land use classificationupon petition by the owner of such dedicated lands shall notbe deemed to constitute an overt act of changing the use of-the land. Any other provisions to the contrary notwithstanding,when a portion of.the dedicated land is subsequently appliedto a use other than the use set forth in the originalpetition, only such portion as is-withdrawn from the dedicateduse and applied to a use other than ranching or otheragricultural use shall be taxed as provided by this subsection.

(e) The director shall prescribe the form of thepetition. The petition shall be filed with the director offinance by September 1 of any calendar year and shall beapproved or disapproved by December 15. If approved, theassessment based upon the use requested in the dedicationshall be effective on January 1, next.

(f) The owner may appeal any disapproved petition asin the case of an appeal.from an assessment.

(g) The term "owner" as used in this section includeslessees of real property whose lease term extends at leastten years from the date of the petition in the case of aten-year dedication or lessees of real property whose leaseterm extends at least twenty years from the date of thepetition in the case of a twenty-year dedication.

(h) A special land reserve is established to enablethe owner of any parcel of land within an urban district todedicate his land for a specific livestock use such as feedlots, calf-raising and like operations in dairy, beef,swine, poultry and aquaculture, but excluding grazing orpasturing, and to have his land assessed at its value insuch use; provided, that (1) a lessee of the land with a

term of ten or more years remaining from the date of thepetition shall also be deemed an owner of the land withinthese provisos; (2) the land dedicated must be used forlivestock uses such as feed lots, calf-raising, and likeoperations in dairy, beef, swine, poultry and aquaculturebut excluding grazing or pasturing; (3) the land dedicatedmust have been substantially and continuously used in thelivestock uses enumerated in (2) hereinabove; (4) and suchlivestock use must be compatible with the surrounding uses.

SECTION -.14. Golf course assessment. Property

operated and used as a golf course shall be assessed forproperty tax purposes on the following basis:

The value to be assessed by the director shall be onthe basis of its actual use as a golf course rather than onthe valuation based on the highest and best use of the land.

In determining the value of actual use, the factors tobe considered shall include, among others, rental income,cost of development, sales price and the effect of the valueof the golf course on the value of the surrounding lands.

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SECTION -.15. Conditions precedent to special assessmentof land as golf course. In order to qualify in having landassessed in valuation as a golf course the owner of anyparcel of land desiring or presently using his land for.agolf course shall as a condition precedent.qualify as a

follows:

(1) Dedication of landi(A) The owner of any parcel of-land for a golf

course shall petition the director of financeand declare in his petition that he willdedicate his parcel of land for a golf course.

(SB) The approval by the dikector of finan e ofthe petition to dedicate the land shallconstitute a forfeiture on the part of theowner of any right to change the use of theland for a minimum period of ten years,automatîcally renewable indefinitely, subjectto cancellation-by either the owner or thedirector of finance upon five years' noticeat any time.

(C) The failure of the owner to observe therestrictions on the use of his land to thatof a golf course shall cancel the special taxassessment privilege retroactive to the dateof the dedication but not more than ten yearsprior to the tax year in which the exemptionis disallowed; and all differences in theamount of taxes that were paid and those thatwould have been due from assessment in thehigher use shall be payable with a six percent a year penalty-from the respective datesthat these payments would have been due.Failure to observe the restrictions on theuse means failure for a period of over twelveconsecutive months to use the land in thatmanner requested in the petition as a golfcourse by the overt act of changing the usefor any period. Nothing in this paragraphshall preclude the county from pursuing anyother remedy to enforce the covenant on theuse of the land as a golf course.

(D) The director of finance shall prescribe theform of the petition. The petition shall befiled by September l of any calendar year andshall be approved or disapproved by December15 of such year. If approved, the assessmentbased upon the use requested in the dedicationshall be effective on January 1 of thesucceeding year.

(E) The owner may appeal any disapproved petitionas in the case of an appeal from an assessment.

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(F) The term "owner" as used in this sectionincludes lessees of real property whose leaseterm extends at least ten years effective.from the date.,of the-.petition.

(G) The amount of.additional taxes due and owingwhere the owner has failed to observe therestriction on the use shall attach to theproperty as a paramount lien in favor of thecounty, as provided for by this chapter.

(2) Covenant not to engage in discrimination. Theowner shall covenant in his petition with thedirector of finance that he will not discriminateagainst any individual in the use of the golfcourse facilities because of the individual'srace, sex, religion, color or ancestry.

SECTION -.16. Certain lands dedicated for residential use.

(a) The term owier" as used in this section means a personwho is the fee simple owner of real property, or who is thelessee of real property whose lease term extends at leastten years from the date of the petition.

(b) A special land reserve is established to enablethe owner of any parcel of land within a hotel, apartment,resort, commercial, or industrial district to dedicate hisland for residential use and to have.his land assessed atits value in residential use; provided that (1) the landdedicated shall be limited to a parcel used only for singlefamily dwelling residential use; (2) the owner of the landdedicated shall use it as his home; and (3) not more thanone parcel of land shall be dedicated for residential use byany owner.

(c) If any owner desires to use his land for residentialuse and to have his land assessed at its value in this use,he shall so petition the director of finance and declare inhis petition that if his petition is approved, he will usehis land for single family dwelling residential use only andthat his land so dedicated will be used as his home.

Upon receipt of.any such petition, the director of

finance shall make a finding of fact as to whether the landdescribed in the petition is being used by the owner forsingle family dwelling residential use only and as his home.If the finding is favorable to the owner, the director offinance shall approve the petition and declare the land tobe dedicated.

(d) The approval of the petition by the director offinance to dedicate shall constitute a forfeiture on thepart of the owner of any right to change the use of his landfor minimum period of ten years, automatically renewablethereafter for additional periods of ten years subject tocancellation by either the owner or the director of finance.

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(e) Failure of the owner to observe the restrictionson the use of his land or the sale of the property shallcancel the special tax assessment privilege retroactive tothe date of the dedication, or the latest renewal-ten-yearperiod, and all differences in the amount of taxes that werepaid and those that would have been due from assessment inthe higher use shall be payable within a ten per cent peryear penalty from the respective dates that,these paymentswould have been due. Failure to observe the restrictions onthe use means failure for a period of over twelve consecutivemonths to use the land :'ut the manner requested in thepetition or the overt.act of changing the use for anyperiod, or the sale of the real property. Nothing in thissubsection shall preclude the county from pursuing any otherremedy to enforce the covenant on the.use of the land.

The additional taxes and penalties,-due and owing as aresult of failure to use or any other breach of the dedicationshall be a paramount lien upon the property as provided forby this chapter.

(f) The director of finance shall prescribe the fonnof the petition. The petition shall be filed with thedirector of finance by September 1 of any calendar year andshall be approved or disapproved by December 15. If approved,the assessment based upon the use requested in the dedicationshall be effective on January l.of the next calendar year.

(g) The owner may appeal any disapproved petition asin the case of an appeal from an assessment.

WASTELAND DEVELOPMENT

SECTION -.17. Definitions. When used in sections

-.17 to 24:

(1) "Department" means the department of finance;(2) "Director" means the director of the department-of

finance;(3) "Wasteland" means land which is classified as such

by the director of the department of finance; and.

(4) The term "owner" shall include any person leasingthe real property of another under a lease havinga stated term of not less than thirty years.

SECTION -.18. Eligibility. Any property of notless than twenty=Tive acres in area is eligible for classificationas wasteland development property if it meets the classificationrequirements of wasteland property as established by thedirector of finance. No real property under a lease havingan unexpired term of less than thirty years shall be eligiblefor classification as wasteland development property.

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SECTION -.19. Application. The owner of any

property may ippÏy to the director of finance for classificationof his land aus wasteland development property. The applicationshall include a description of the property, the manner inwhich the property will be.developed, and.such additionalinformation as may be required by the director. The applicationshall state that .all persons having any interest in orholding any.encumbrance upon the property have joined inmaking the application and that all of them will comply withthe laws and regulations relating to the use, building.requirements, and development of real property.

SECTION -.20. Classification. Within four months

after the filing~5f the application with the director offinance, the director shall make a finding of fact as to theeligibility of such land for classification as wastelanddevelopment property, whether it can be developed in themanner specified by the owner, whether the development willadd to the development of the economy of the State, andwhether the development will broaden the tax base of theState. The determination shall be based upon all availableinformaton on soils, climate, land use trends, watershedvalues, present use of surrounding similar lands, and othercriteria as may be appropriate.

Upon the finding by the director that the property iseligible for classification as wasteland development property,that it can be developed in the manner specified by theowner, that the development will add to the economy of theState, and that it will broaden the tax base of the State,the property shall be classified as wasteland developmentproperty. If the director finds it otherwise for any one ofthe above criteria, the application shall be disapproved.

The applicant may appeal any disapproved application asin the case of an appeal from an assessment.Land classified as wasteland development property shall

be administered by the department of finance and the departmentmay from time to time make rules and regulations for theiradministration pursuant to chapter 91, Hawaii RevisedStatutes.

SECTION -.21. Development and maintenance of wastelanddevelopment property. Within one year following the approvalof the application, the owner shall develop that portion of

his land as specified in his application and as approved bythe director of finance. Additional areas shall be developedeach year as prescribed by the director.

SECTION -__.22. Special tax assessment. Any propertyclassified as wasteland development property by the directorof finance shall be, for a period of five years, assessedfor real property tax purposes at its value as wasteland.The five year period shall commence from January 1 of theyear following the approval of the application.

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SECTION_

-_.23. .Declassification. Thirty days after

notification to the owner by the department of finance fornoncompliance of any law, ordinance, rule, or regulation,the director of finance may declassify any land classifiedas wasteland development property. The department-shall.notify the owner of the declassification and.in that-event,the director shall cancel the special tax assessment providedin section '

- .22 retroactive to the date that the propertyqualified fõr ipecial tax assessment and the differencebetween the real property taxes that would have become dueand payable but for such classification for all the yearsthe land was classified as wasteland development propertyand the real property taxes paid by the owner during suchperiod shall become immediately due and payable togetherwith a five per cent a year penalty from the respectivedates that such additional tax would otherwise have beendue.

SECTION - .24. Appeals. Any person aggrieved bythe additional assessment for any year may appeal from suchassessment in the manner provided in the case of realproperty tax appeals.

NONTAXABLE PROPERTY; ASSESSMENT

SECTION -.25. Nontaxable property. For purposes

of accountabiÏÏtÿ¯ the director of finance shall assess atthe nominal sum of $7 each parcel of real property which iscompletely exempt from taxation.

REGISTRAR OF CONVEYANCES, DIRECTOROF REGULATORY AGENCIES; DATA FROM

SECTION -.26. Abstracts of registered conveyances, copies

of corporatioñ~exEibits,etc., furnished department. For

the purpose of assisting the department of finance inarriving at a correct valuation of the property within eachdistrict, the registrar of conveyances, or any other agencyso requested by the department, shall be requested tofurnish to the department, monthly, quarterly, or as otherwiserequired by the department, an abstract of the conveyancesof, or other documents-affecting.title to, or assessment of,real property in each district, which have been entered forrecord at the bureau of conveyances, executed, or filed, asthe case may be, during the period covered by such abstract.The director of regulatory agencies shall each year berequested to furnish to the department copies of the annualcorporation exhibits of any or all corporations owning realproperty in any district or any information contained insuch exhibits.

EXEMPTIONS

SECTION_

-.27. Claims for certain exemptions. (a)

None of the exemptions from taxation granted in sections -

.29 and -.31 to -

.35 shall be allowed in any case,Ëless the Elaimant is claimed, a claim for exemption insuch form as shall be prescribed by the department.

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(b) A claim for exemption once sallowed shall havecontinuing effect until:

(1) The exemption is,disallowed;

(2) The assessor voids the claim after first giving

notice (either to the claimant or to all claimantsin the manner provided for by this chapter) thatthe claim or claims on file will 1xa voided on a

certain date, not less than thirty days after suchnotice;

(3) The .five-yearperiod for.exemption, as allowed 110

section -.35, expires; or

(4) The claimant makes the report required by subsection(d).

(c) A claimant may file a claim for exemption eventhough there is on file and in effect a claim covering thesame premises, or a claim previously filed and disallowed orotherwise voided. However, no such claim shall be filed if

it is identical with one already on file and having continuingeffect. The report required by subsection (d) may be accompaniedby or combined with a new claim.

(d) Any person who has been allowed an exemption undersection -

.29 or -.30 to - .35 has a duty to

report to the assessor within thirty days after he ceases toqualify for such an exemption for one of, but not limited

to, the following reasons:

(1) He ceases to be the owner, lessee, or purchaser ofthe exempt premise.

(2) A change in the facts previously reported hasoccurred concerning the occupation, use, orrenting of the premises, buildings or otherimprovements thereon; or

(3) Some other change in status has occurred whichaffects his exemption.

Such report shall have the effect of voiding the claimfor exemption previously filed, as provided in subsection(:b)(4). The report .shall be sufficient if it identifies theproperty involved, states the change in facts or status, andrequests that the claim for exemption previously filed bevoided.

In the event the property comes into the hands of a

fiduciary who is answerable as provided for by this chapter,the fiduciary shall make the report required by this subsectionwithin thirty days after his assumption of his fiduciaryduties or within the time otherwise required, whichever islater.

Any person who has a duty of making a report as requiredby this subsection, who within the time required fails tomake a report, shall be liable for a civil penalty. Theamount of the penalty shall be $100 or the amount of the

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taxes on the property computed without the claim for exemptionas of January 1 of the year in which the report was due,whichever is lesser. The penalty shall be recovered as.provided for by this chapter. In addition to this penalty,the.taxes due on the property plus any additional penaltiesand interest thereon shall be collected as property taxesand shall be a lien on the property as provided for by thischapter.

(e) If the assessor is of the view that, for any taxyear, the exemption should not be allowed, in whole or inpart, he may at any time within five years of January 1 ofthat year disallow the exemption for that year, in whole orin part, and may add to the assessment list for that yearthe amount of value .involved, in the manner provided for bythis chapter for the assessment of omitted property; providedthat if an assessment or addition under this subsection is'made after April 9 preceding the tax year, the taxes on theamount of value involved in the assessment or addition somade shall be made a lien as provided for by this chapterrecording a certificate setting forth the amount of taxinvolved, penalties, and interest.

(f) In any case of recordation of a certificate forthe amount of the civil penalty under subsection .(d), or forthe æmount of tax, penalties, and interest assessed or addedunder subsection (e), a person shall be deemed to have aninterest arising before the recordation of the certificateonly if and to the extent that he acquired his interest ingood faith-and for a valuable consideration without noticeof a violation of the requirements of subsection (d) havingoccurred.

SECTION -.28. Rules and regulations. The director

of finance may promulgate rules and regulations as may benecessary to administer sections -

.29 to -.41.

SECTION -.29. Homes. (a) Real property owned and

occupied only is^Eis or their principal home as of the dateof assessment by an individual or individuals, shall beexempt only to the following extent from property taxes:

(l) Totally exempt where the value of a property isnot in excess of $12,000;

(2) Where the value of the property is in excess of- $12,000, the exemption shall be the amount of

$12,000.

Provided:(A) That no such exemption shall be allowed to any

corporation, copartnership, or company;

(B) That the exemption shall not be allowed on morethan one home for any one taxpayer;

(C) That where the taxpayer has acquired his home by adeed made on or after July 1, 1951, the deed shallhave been recorded on or before December 31immediately preceding the year for which the exemptionis claimed;

(D) That a husband and wife shall not be permittedexemption of separate homes owned by each of them,unless they are living separate and apart, in whichcase they shall be entitled to one exemption, tobe apportioned between each of their respectivehomes in proportion to the value thereof; and

-17- $¾)..ig

(E) That person living on premises, a portion of whichis used for commercial purposes, shall not beentitled to an exemption with respect.to suchportion, but shall be entitled to an exemptionwith respect to the portion thereof used exclusivelyas a home.

(b) The use of a portion of.any building or structurefor the purpose of drying coffee and the use of a portion ofreal property, including structures, ut connection with theplanting and growing for commercial purposes, or the packingand processing for such purposes, of flowers, plants, orfoliage, shall not affect the exemptions provided for by .this section.

(c) Where two or more individuals jointly, by theentirety, or in common own or lease land on which theirhomes are located, each home, if otherwise qualified for theexemption granted by this section, shall receive the exemption.If a portion of land held jointly, by the entirety, or incommon by two or more individuals is not qualified toreceive an exemption, such disqualification shall not affectthe eligibility for an exemption or exemptions of theremaining portion.

(d) A taxpayer who is sixty years of age or over andwho qualifies under subsection (a) shall be entitled to oneof the following multiples of home exemption:

Multiple to be Used inComputing Home Exemption

Age of Taxpayer Amount

60 years of age or overbut not 70 years ofage or over 2.0

70 years of age or over 2.5

For the purpose of this subsection, a husband and wife whoown property jointly, by the entirety, or in common, onwhich a home exemption under the provisions of subsection(a) has been granted shall be entitled to the applicablemultiple of home exemption set forth above when at least oneof the spouses qualifies each year for the applicablemultiple of home exemption.

SECTION -.30. Home, lease, lessees defined. For

the purpose of~section-

.29, the word "home" includes:

(1) The entire homestead when it is occupied by thetaxpayer as such;

(2) A residential building on land held by the lesseeor his successor in interest under a lease for a

term of five years or more for residential purposesand owned and used as a residence by the lessee orhis successor in interest, where the lease and anyextension, renewal, assignment, or agreement toassign the lease, have been duly entered into andrecorded prior to January 1 preceding the tax yearfor which the exemption is claimed, and wherebythe lessee agrees to pay all taxes during the termof the lease;

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(3) An apartment which is a living unit (held under aproprietary lease by the tenant thereof) in amultiunit residential building on land held by acooperative apartment corporation (of which theproprietary lessee of such living unit .is a stockholder)under a lease for a term of five years or more forresidential purposes and which apartment is usedas a residence by the lessee-stockholder, wherethe lease and any extension or renewal have beenduly entered into and .recorded prior to January 1

preceding the tax year for which the exemption is,claimed,. and whereby the lessee-stockholder agreesto pay all taxes during the term of the leaseprovided that:(A) The exemption shall not be allowed in respect

to any cooperative apartment unit where theowner of the cooperative apartment unitclaims exemption on a home or other cooperativeapartment unit; and

(B) The owner or owners of a cooperative apartmentbuilding or premises shall not be permittedexemptions where a husband and wife owner ofa cooperative apartment unit own separatecooperative apartment units or separate homesowned by each of them, unless they are livingseparate and apart, in which case the ownerof the cooperative apartment or premisesshall be entitled to one-half of one exemption;

(4) An apartment in a multiunit apartment buildingwhich is occupied by t21e owner of the entireapartment building as his residende, providedthat:(A) The exemption shall not be allowed in respect

to any apartment owner who claims any otherhome exemption; and

(B) A husband or wife owner of the aforementionedtype of apartment shall not be allowed a fullexemption where the husband.and wife areliving separate and apart and each is maintainingon apartment or home entitled to an exemption,in which case they shall be entitled to oneexemption to be apportioned between each.oftheir respective homes in proportion to thevalue thereof;

(5) That portion of a residential duplex mad thatportion of land appurtenant to the duplex whichare occupied by the owner of the duplex and landas his residence, provided that:

04) The exemption shall not be allowed in respectto any duplex owner who claims any other homeexemption;

(B) The portion of the appurtenant land shall notbe exempt unless owned in fee by the duplexowner; and

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(C) A husband or wife owner of the duplex shallnot be allowed a full exemption where thehusband and wife are living separate andapart and each is maintaining a.duplex orhome entitled .to an exemption, in which casethey shall be entitled to onë exemption to beapportioned between each of their respectivehomes in proportion to .the value thereof;

(6) Premises held under an agreement to purchase thesame for a home, where the agreement has been dulyentered into and recorded prior to January 1

preceding.the tax year for which the exemption isclaimed, whereby the purchaser agrees to pay alltaxes while purchasing the premises.

(7) An apartment which is a living unit (held under a

lease by the tenant thereof) in a multi-unitresidential building used for retirement purposesunder a lease for a term to last during thelifetime of the lessee and his or her survivingspouse and which apartment is used as a residenceby the lessee and his or her surviving spouse, andwhere the apartment unit reverts back to thelessor upon the death of the lessee and his or hersurviving spouse, and where the lessee has beenduly entered into and recorded prior to January 1

preceding the tax year for which the exemption isclaimed, and whereby the lessee agrees to pay alltaxes during the term of the lease.

The subletting of the taxpayer of not more than oneroom to a tenant shall not affect the exemption provided forby section

__-

.29.

As used in section_

-.29, in the first paragraph of

section -.5 and in section -

.27, the word "lease"shall be deemed to include a sublease, and the word "lessee"shall be deemed to include a sublessee.

SECTION_

-.31. Homes of totally disabled veterans.

Real property owned and occupied as a home by any person whois totally disabled due to injuries received while on dutywith the armed forces of the United States, or owned by anysuch person together with his or her spouse and occupied byeither or both spouses as a home, or owned and occupied by awidow or widower of such totally disabled veteran who shallremain unmarried and who shall continue to own and occupythe premises as a home, is hereby exempted from.all propertytaxes, other than special assessments, provided:

(1) That such total disability was incurred while onduty as a member of the armed forces of the UnitedStates, and that the department of finance mayrequire proof of total disability;

(2) That the home exemption shall be granted only aslong as the veteran claiming exemption remainstotally disabled;

(3) That the exemption shall not be allowed on morethan one house for any one person;

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(4) That a person living on premises, a portion ofwhich is used for commercial purposes, shall notbe entitled to an exemption with respect to such .portion, but shall be entitled to an exemptionwith respect to the portion used exclusively as a

home; provided, that this exemption shall notapply to any structure, including the land there-under, which is used for-commercial purposes.

For the purposes of this section, flus word "home"includes the entire homestead when it is occupied by a

qualified totally disabled veteran as a home;.houses wherethe disabled veteran owner sublets not more than one room to

a tenant; and premises held under an agreement to purchasethe same for a home, where the agreement has been dulyentered into and recorded-prior to January 1 preceding thetax year for which exemption is claimed, whereby the purchaseragrees to pay all taxes while purchasing the premises.

SECTIONT_-__.32. Persons affected with leprosy. Anyperson who has been declared by authority of law to be a

person affected with leprosy at the communicable stage and

is admitted to a hospital for isolation treatment, shall, so

long as he is so hospitalized, and thereafter for so long assuch person has been so declared to be therefrom temporarilyreleased, shall, so long as he remains or continues undertemporary release, be exempted from real property taxes onall real property owned by him on the date when he wasdeclared to be a person so affected with leprosy, up to, butnot exceeding, a taxable value of $15,000.

SECTION - .33. Exemption, persons with impairedsight or hearing and persons totally disabled. (a) Anyperson who is blind or deaf, as defined in section 235-1,Hawaii Revised Statutes, shall, so long as his sight or ,

hearing is so impaired, be exempt from real property taxeson all real property owned by him up to, but not exceeding a

taxable value of $15,000. The impairment of sight orhearing shall be certified to by the state department ofhealth or by any state or county medical officer duly authorizedby the state department of health for this purpose.

(b) Any person who is totally disabled, as defined insection 235-1, Hawaii Revised Statutes, shall, as long as he

is totally disabled, be exempt from real property-taxes onall real property owned by him up to, but not exceeding a

taxable value of $15,000. The disability shall be certified

to by the state department of health or by any state orcounty medical officer duly authorized by the state depart-ment of health for this purpose.

SECTION - .34. Charitable, etc., purposes. (a)There shall be exempt.from real property taxes real propertydesignated in subsection (b) or (c) and meeting the require-ments stated therein, actually and (except as otherwisespecifically provided) exclusively used for nonprofit pur-poses. If an exemption is claimed under one of thesesubsections (b) and (c), an exemption for the same propertymay not also be claimed under the other of these subsections.

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(b) This subsection applies to property owned in feesimple, leased, or rented for a period of one year or more,by the person using the property for the exempt purposes,hereinafter referred to as .the person claiming the.exemption.If the property for which exemption is claimed is .leased orrented, the lease or rental agreement shall be in force andrecorded in the bureau of conveyances.

Exemption is allowed by this subsection to the followingproperty:

(1) - Property used for school purposes including:

(A) Kindergartens, grade schools, junior high.schools, and high schools, which carry on aprogram of instruction meeting the requirements ,of the compulsory school attendance law,section 298-9, Hawaii Revised Statutes, orwhich are for preschool children.who haveattained or will attain the age of five years

.on or before December 31 of the school year,provided that any claim for exemption.basedon any of the foregoing uses shall be accompaniedby a certificate issued by or under theauthority of the department of educationstating that the foregoing requirements aremet;

(B) Junior colleges or colleges carrying on ageneral program of instruction of collegelevel. The property exempt from taxationunder this paragraph is limited to buildingsfor educational purposes (including dormitories),housing owned by the school or college andused as residence for personnel employed atthe school or college, campus and athleticgrounds, and realty used for vocationalpurposes incident to the school or college.

(2) Property used for hospital and nursing homepurposes, including housing for personnel employedat the hospital; in order to qualify under thisparagraph the person claiming the exemption shallpresent with the claim a certificate issued by orunder the authority of the state department ofhealth that the property for which the exemptionis claimed consists in, or is a part of, hospitalor nursing home facilities which are properlyconstituted under the law and maintained to serve,and which do serve the public.

(3) Property used for church purposes, includingincidental activities, parsonages, and churchgrounds, the property exempt from taxation beinglimited to realty exclusive of burying grounds(exemption for which may be claimed under paragraph(4).

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(4) Property used as cemeteries (excluding, however,property used for cremation purposes) maintainedby a religious society, or by a corporation,association or trust organized for such purpose.

(5) Property dedicated to public.use by the owner,which dedication has been accepted by the state orcounty, reduced to writing, and recorded in thebureau of conveyances; and property which has beenset aside for public use and actually used there-for for a period not less than five years.

(6) Property owned by any nonprofit corporation,admission to membership of which is restricted bythe corporate charter to members of a -labor union;property owned by any government employees'association or organization, one of the primarypurposes of which is to improve employment conditionsof its members; property owned by any trust, thebeneficiaries of which are restricted to membersof a labor union; property owned by any associationor league of federal credit unions chartered bythe United States, the sole purpose of which is topromote the development of federal credit unionsin the State. Notwithstanding any provision inthis section to the contrary, the exemption shallapply to property or any portion thereof which isleased, rented, or otherwise let to another, ifsuch leasing, renting, or letting is to a non-profit association, organization, or corporation.

(c) This subsection shall apply to property owned infee simple or leased or rented for a period of one year ormore, the lease or rental agreement being in force andrecorded in the bureau of conveyances at the time theexemption is claimed, by either:

(1) A corporaèion, society, association, or trusthaving a charter or other enabling act or govern-ing instrument which contains a provision or hasbeen construed by a court of competent jurisdictionas providing that in the event of dissolution ortermination of the corporation, society, association,or trust, or other cessation of use of the propertyfor the exempt purpose, the real property shall beapplied for another charitable purpose or shall bededicated to the public, or

(2) A corporation chartered by the United States underTitle 36, United States Code, as a patrioticsociety. Exemption is allowed by this subsectionfor property used for charitable purposes whichare of a community, character building, socialservice, or educational nature, including museums,libraries, art academies, and senior citizenhousing facilities qualifying for a loan under thelaws of the United States as authorized by Section202 of the Housing Act of 1959 as amended by theHousing Act of 1961, the Senior Citizens HousingAct of 1962, the Housing Act of 1964, and theHousing and Urban Development Act of 1965.

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(d) If any portion of the property which might otherwisebe exempted under this .section is used for commercial orother purposes not within the conditions necessary for .exemption (including any use the primary purpose of which .is

to produce income even though such income is .to .be used foror in furtherance of the exempt purposes) that portion ofthe premises shall not be exempt but the remaining portionof the premises shall not be deprived of the exemption ifthe remaining portion is used exclusively for purposeswithin the conditions necessary for exemption. In the eventof.an exemption of a portion of a building, the tax shall beassessed upon so much of the value of the building (includingthe land thereunder and the appurtenant.premises) as theproportion of the -floor space of the nonexempt portion bearsto the total floor .space of the building.

(e) The term "for nonprofit purposes", as used in thissection requires that no monetary gain or economic benefitinure to the person claiming the exemption, or any privateshareholder, member, or trust beneficiary. "Monetary gain"includes without limitation any gain in the form .of money ormoney's worth. "Economic benefit" includes without limitationany benefit to a person in the course of his business,trade, occupation, or employment.

SECTION -.35. _Property used in manufacture of pulp and

paper. All property in the State, both real and personal,actually and solely used or to be used, whether by the owneror lessee thereof, in connection with the manufacture ofpulp and paper from bagasse fibre, shall be exempt fromproperty taxes for a period of five years.from the first dayof January following commencement of construction of a plantor plants on the property for such purpose.

SECTION -.36. Crop shelters. Any o,ther law to thecontrary notwithstanding, any permanent structure constructed

or installed on any taxable real property consisting offrames or supports and covered by rigid plastic, fiberglass, or other rigid and semi-rigid transparent or translucentmaterial, and including wooden laths, used primarily for theprotection of crops shall be exempted in determining andassessing the value of such taxable real property for tenyears or for a period of ten years from the first day ofJanuary following commencement of construction or installationof the structure on the property for such purpose; providedthat any temporary structure so constructed or installed andcovered by flexible plastic or other flexible transparent ortranslucent material, used for such purpose, shall be soexempted not subject to the ten year limitation; provided,further, that such exemption shall continue only so long asthe structure .is maintained in good condition. Only structuresused for commercial agricultural or horticultural purposesshall be included in the exemption.

SECTION_

-.37. Exemption, dedicated lands in urban districts.(a) Portions of taxable real property which are dedicated

and approved by the director of finance as provided for bythis section shall be exempted in determining and assessingthe value of such taxable real property.

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• (b) Any owner of taxable real property in an urbandistrict desiring to dedicate a portion or portions thereoffor landscaping; open spaces, public recreation, and other ,similar uses shall petition the director of finance statingthe exact area of the land to be dedicated and that the landis not within the setback and open space requirements ofapplicable zoning and building code laws and ordinances, andthat the land shall be used, improved, and maintained inaccordance with and for the sole purpose for which it wasdedicated, except that land within a historic district may-be so dedicated without regard to the setback and open spacerequirements of applicable zoning and building code laws andordinances.

The director shall make a finding as to whether the useto which such land will be dedicated has a benefit to thepublic at least equal to the value of the real propertytaxes for such land. Such finding shall be measured by thecost of improvements, the continuing maintenance thereof,and such other factors as the director may deem pertinent.If the director finds that the public benefit is at leastequal to the value of real property taxes for such land, heshall approve the petition and declare such land to bededicated land.

(c) The approval of the petition by the director shallconstitute a forfeiture on the part of-the owner of anyright to change the use of his land for a minimum period often years, automatically renewable indefinitely, subject tocancellation by either the owner or the director upon fiveyears' notice at any time after the end of the fifth year.

(d) Failure of the owner to observe the restrictionson the use, improvement, and maintenance of his land shallcancel the special tax exemption privilege retroactive tothe date of the original dedication, and all differences inthe amount of taxes that were paid and those that would havebeen due from the assessment of the tax exempted portion ofhis land shall be payable together with interest of five percent a year from the respective dates that these paymentswould have been due. Failure to-observe the restrictions on-the use means failure for a period of over twelve consecutivemonths to use, improve, and maintain the land in the mannerrequested in the petition or any overt act changing the usefor aný period. Nothing in this paragraph shall preclude .

the county from pursuing any other remedy to enforce thecovenant on the use of the land.

(e) The director shall prescribe the form of thepetition. The petition shall be filed with the director bySeptember 1 of any calendar year and shall be approved ordisapproved by December 15 of such year. If approved, theexemption based upon the use requested in the dedicationshall be effective January 1, next.

(f) The owner may appeal any disapproved petition asin the case of an appeal from an assessment.

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(g) The director shall make and adopt necessary rulesand regulations including such rules and regulations governingminimum areas which may be.dedicated for the improvement andmaintenance of such areas.

(h) "Landscaping" means lands which are improved.by

landscape architecture,..cultivated plantings, or gardening.

"Open spaces" means lands which are.open to the publicfor pedestrian use and momentary repose, relaxation, andcontemplation.

"Public recreation" refers to lands which may be usedby the public as parks, playgrounds, historical sites, campgrounds, wild life refuges, scenic sites, and other similaruses.

"Owner".includes lessees of real property whose leaseterm extends at least ten years from the date of the petition.

SECTION -.38. Exemptions for air pollution control facility.

The value of all property in the county (not including abuilding and its structural components, other than a buildingwhich is exclusively a treatment facility) actually andsolely used or to be used as an air pollution controlfacility as the term is defined in chapter 237, HawaiiRevised Statutes, shall be exempted from the measure of thetaxes imposed by this ordinance; provided, however, theproperty exemption shall be applicable only with respect toa certified facility which is property (1) the construction,reconstruction or erection of which is completed by thetaxpayer after June 30, 1969, or, (2) acquired by thetaxpayer after June 30, 1969, if the original use of theproperty commences with the taxpayer after June 30, 1969;provided, further, the facility is placed in service by thetaxpayer before July 1, 1975.

Application for the exemption provided herein shallfirst be made with the state director of health who shall,if satisfied that the facility meets the pollution emissioncriteria established by the state department of health,certify to that fact. Upon receipt of the certificationfrom the department of health, the director of finance shallexempt the facility from the tax imposed by this chapter. Anew certificate shall be obtained from the director ofhealth and filed with the director of finance every twoyears certifying that the pollution control facility complieswith the pollutant emission criteria established by thedepartment .of health. The director of finance shall furnishall forms required by this section.

The director of finance shall promulgate rules andregulations necessary to administer this section.

SECTION_

-.39. Alternate energy improvements, exemption.

(a) The value of all property in the county (not includinga building or its structural components, except wherealternate energy improvements are incorporated into thebuilding, and then only that part of the building necessaryto such improvement) actually used for an alternate energyimprovement shall be exempted from the measure of the taxesimposed by this ordinance; provided the property exemptionshall be applicable only with respect to alternate energyimprovements which are installed and placed in service afterJune 30, 1976 but before December 31, 1981.

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Application for the exemption provided by this sectionshall be made with the director of finance.

The director of finance may require the taxpayer tofurnish reasonable information in order that he may ascertainthe validity of the claim for deduction made under thissection and may adopt rules and regulations to implementthis section.

(b) As used in this section "alternate:energy improvement"means any construction or addition, alteration, modification,Umprovement, or repair work undertaken upon or made to anybuilding which results in:

(1) The production of energy from a source, oruses a process which does not use fossil fuels.ornuclear fuels. Such energy source may include,but shall not be limited to, solid wastes, wind,geothermal, solar, or ocean waves, tides, orcurrents. Such energy process may include, butshall not be limited to, bio-conversion, hydro-electric.power, thermal conversion, or osmosis;provided that.nuclear fission shall be excludedfrom the provisions of this section; or

(2) An increase level of efficiency in the utilizationof energy produced by fossil fuels or in theutilization of secondary forms of energy dependentupon fossil fuels for its generation.

SECTION -.40. Fixtures used in manufacturing or

producing tangibÏe personal products. There shall beexempted and excluded from the measure of the taxes imposedby this ordinance, all fixtures which are categorized asmachinery and other mechanical or other allied equipmentwhich are primarily and substantially used in manufacturingor producing tangible personal products.

SECTION -.41. Public property, etc. The following

real property shall be exempt from taxation.

(1) Real property belonging to the United States, tothe State, or to the county; provided, that realproperty belonging to the United States shall betaxed upon the use or occupancy thereof as providedin section -

.42, and there shall be a tax uponthe property~itself if and when the Congress ofthe United States so permits, to.the extent sopermitted and in accordance with any conditions orprovisions prescribed in such act of Congress;provided, further, that real property belonging tothe State or the county, or belonging to theUnited States and in the possession, use, and

.control of the State, shall be taxed on the feesimple value thereof, and private persons shallpay the taxes thereon and shall be deemed the"owners" thereof for the purposes of this chapterrin the following cases:

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' (A) Property held on January 1 preceding the taxyear under an agreement for its conveyance bythe government to private persons shall bedeemed fully taxable, the same as if theconveyance had been made;

GB) Property held..on January 1- preceding the taxyear under a government lease shall beentered in the assessment lists and such taxrolls for that year as fully taxable for theentire tax year, but adjustments of the taxesso assessed may be made as provided for bythis chapter so that such tenants are requiredto pay only so much of the taxes as isproportionate to the portion of the tax yearduring which the real property is held orcontrolled by them;

(C) Property held under a government leasecommencing after January 1 preceding the taxyear or under an agreement for its conveyanceor a conveyance by the government, made afterJanuary 1 preceding the tax year, shall beassessed as omitted property as provided forby this chapter, but the taxes thereon shallbe prorated so as to require the payment ofonly so much of the taxes as is proportionateto the remainder of the tax year.

(D) Property where the occupancy by the tenantfor commercial purposes has continued for a

period of one year or more, whether theoccupancy has been on a permit, license,month-to-month tenancy, or otherwise, shallbe fully taxable to the tenant after thefirst year of occupancy, and the propertyshall be assessed in the manner provided insubdivisions (B) and (C) of this paragraphfor the assessment of properties held under a

government lease; provided that the propertyoccupied by the tenant solely for residentialpurposes on a month-to-month tenancy shall beexcluded from this paragraph.

05) In any case of occupancy of a building orstructure by two or more tenants, or by thegovernment and a tenant, under a lease for aterm of one year or more, the tax shall beassessed to the tenant upon so much of thevalue of the entire real property as thefloor space occupied by the tenant proportionatelybears to the total floor space of the structureor building.

For the purposes of subdivisions (B) and (C)of this subsection: "Lease" means any lease for aterm of one year or more or which is renewable forsuch period as to constitute a total term of oneyear or more. A lease having a stated term shall,if it otherwise comes within the meaning of theterm "lease," be deemed a lease notwithstanding

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any right of revocation, cancellation, or terminationreserved therein or provided for thereby. Whenever.a lease is such that.the highest and best usecannot be made of the property by the lessee, themeasure of the tax imposed on such propertypursuant to subdivisions (B) and (C) shall be itsfee simple value upon consideration of the highest ,and best use which can be made of the property bythe lessee.

Provided, further, that real property belongingto the United States, even though not in thepossession, use, and control of the state, shallbe taxed on the fee simple value thereof, andprivate persons shall pay the taxes thereon and.shall be deemed the "owners" thereof for thepurposes of this chapter, in the following cases:

(i) Property held in January 1 preceding thetax year under an agreement for theconveyance of the same by the governmentto private persons shall be deemed fullytaxable, the same as if the conveyancehad been made, but the assessmentthereof shall not impair and shall be somade as to not impair, any right, title,lien, or interest of the United States.

(ii) Property held under an agreement for theconveyance of the same or a conveyanceof the same by the government, madeafter January 1 preceding the tax year,shall be assessed as omitted property asprovided for by this chapter, but thetaxes thereon shall be prorated so as to .

require the payment of only so much ofsuch taxes as is proportionate to theremainder of the tax year, and in thecase of, property held under an agreementfor the conveyance of the same but notyet conveyed, the assessment thereofshall not impair, and shall be so madeas to not impair, any right, title,lien, or interest of the United States.

(2) Real property under lease to the State of thecounty under which lease the lessee is required topay the taxes upon such property;

(3) Subject to section 101-39(B), Hawaii RevisedStatutes, any real property in the possession ofthe State or county which is the subject ofeminent domain proceedings commenced for theacquisition of the fee simple estate in such landby the State or county; provided the fact of suchpossession.has been certified to the director asprovided by section 101-36 or 101-38, HawaiiRevised Statutes, or is certified not later thanDecember 31 preceding the tax year for which suchexemption is claimed;

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(4) Real property with respect to which the owner hasgranted to the State or county a right of entryand upon which the State cu county has entered andtaken possession under the authority.of the rightof entry with intention to acquire the fee simpleestate therein and to.devote the real property topublic use; provided the State or county shallhave, prior .to

December 31 preceding the tax yearfor which.the .exemption is claimed, certified tothe director the date upon which it took possession;

(5) Any portion of real property within the area uponwhich construction of buildings is restricted orprohibited and which is.actually rendered uselessand of no value to the owners.thereof by virtue ofany ordinance establishing setback .lines

thereon;provided, that in order to secure the exemptionthe person claiming it shall annually file betweenDecember 15 and December 31 preceding the applicabletax year a sworn written statement with thedirector describing the real property in detailand setting forth the facts upon which exemptionis claimed, together with a written agreement thatin consideration of the exemption from taxes hewill not make use of the land in any way whatsoeverduring the ensuing year. Any person who hassecured such exemption who violates the terms ofthe agreement shall be fined twice the amount ofthe tax which would be assessed upon the land butfor such exemption;

(6) Real property exempted by any laws of the UnitedStates which exemption is not subject to repeal bythe council;

(7)..Any other real property exempt by law.

SECTION -.42. Lessees of exempt real property.

(a) When any ,real property which for any reason is exemptfrom taxation is leased to.and used or occupied by a privateperson in connection with any business conducted for profit,such use or occupancy shall be assessed and taxed in thesame amount and to the same extent as though the lessee werethe owner of the property and as provided in subsection (b),provided, that:

(1) The foregoing shall not apply to the following:

(A) Federal property for which payments are madein lieu of taxes in amounts equivalent totaxes which might otherwise be lawfullyassessed;

(B) Any property or portion thereof taxed underany other provision of this chapter to theextent and for the period so taxed.

(2) The term "lease" shall mean any lease for a termof one year or more, or which is renewable forsuch period as to constitute a total term of oneyear or more. A lease having a stated term shall,if it otherwise comes within the meaning of theterm "lease", be deemed a lease notwithstandingany right of revocation, cancellation, or terminationreserved therein or provided for.thereby.

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(3) The assessment of the use or occupancy shall bemade in accordance with the highest and best usepermitted under the terms and conditions of thelease.

(b) The tax shall be assessed to and collected from.such lessee as nearly as possible in the same manner andtime as the tax assessed to owners of real property, exceptthat the tax shall not become a lien against the property.In case the use or occupancy is in effect on January 1

preceding the tax year, the lessee shall be assessed for theentire year but adjustments of the tax so assessed shall bemade in the event of the termination of the use or occupancyduring the year so that the lessee is required to pay onlyso much of the tax as is proportionate to the portion of thetax year during which the use or occupancy is in effect, andthe director is hereby authorized to remit the tax due forthe balance·of the tax year. In case the use or occupancycommences after January 1 preceding the tax year, the lesseeshall be assessed for only so much of the tax as is proportionateto the period that the use or occupancy bears to the taxyear.

The assessment of the use or occupancy of real propertymade under this section shall not be included in the aggregatevalue of taxable realty for the purposes of section - .47

but the council, at the time that it is furnished withinformation as to the value of taxable real property, shallalso be furnished with information as to the assessmentsmade under this section, similarly determined but separatelystated.

If a use or occupancy is in effect on January 1 preced-ing the tax year, the assessment shall be made and listedfor that year and the notice of assessment shall be given tothe taxpayer in the manner and at the time prescribed asprovided for by this chapter, and when so given, the taxpayer,if he deems himself grieved, may appeal as provided for bythis chapter, if a use or occupancy commences after January1 preceding the tax year or if for any reason an assessmentis omitted for any tax year, the assessment shall be madeand listed and notice thereof shall be given in the mannerand at the time prescribed as provided for by this chapterand an appeal from an assessment so made may be taken asprovided for by this chapter.

SECTION__-

.43. Property of the United Statesleased under the National Housing Act. Real propertybelonging to the United States leased pursuant to Title VIIIof the National Housing Act, as amended or supplemented fromtime to time:

(1) Shall not be taxed under this chapter upon thelessee's interest or any other interest therein,except as provided in paragraph (2).

(2) Shall be taxed under this chapter to the extent ofand measured by the value of the lessee's interestin any portion of the real property (includingland and appurtenances thereof and the buildingsand other improvements erected on or affixed onthe same) use for, or in connection with, orconsisting in, shops, restaurants, cleaningestablishments, taxi stands, insurance offices, orother business or commercial facilities. The taxshall be assessed to and collected from the lessee.The assessment of such property shall not impair,and shall be so made as to not impair, any right,title, lien, or interest of the United States.

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SECTION-_

.44. Exemption for low andmoderate-income housing. (a) For the purposes of thissection, "nonprofit or limited distribution mortgagor" meansa mortgagor who qualifies for and obtains mortgage insuranceunder sections.202, 221(d)(3), or 236 of the.NationalHousing Act as a nonprofit or limited distribution mortgagor.

(b) Real property used for a housing project which isowned and operated by a nonprofit or limited distributionmortgaçor or which is owned.and operated by a person, corporationor association regulated by federal or state laws or by apolitical subdivision of the.Siate or agency thereof as torents, charges, profits, dividends, development costs andmethods of operation,.shall-be exempt from property taxes.

(c) Exemptions claimed under this section shall dis-qualify the same property from receiving an exemption undersection 53-38, Hawaii Revised Statutes.

(d) The director of finance shall promulgate rules andregulations necessary to administer this section.

SECTION -.45. Claim for exemption. (a) Notwithstanding

anyprovision~In~ihis chapter to the contrary, any real

property exempt from property taxes under section -.44

shall be exempt from property.taxes from the date theproperty is qualified for the exemption; provided that aclaim for exemption is filed with the director within sixtydays of the qualification. As used herein, the date of thequalification shall be the date when the mortgage made by anonprofit or limited distribution mortgagor and insuredunder sections 202, 221(d)(3) or 236 of the National HousingAct is filed for recording with the registrar of the bureauof conveyances or the assistant registrar of the land courtof the State, whichever is applicable.

(:b) After the initial year of the qualification, theclaim for exemption shall be filed in the manner provided byapplicable law or rule or regulation.

(c) In the event property taxes have been paid to thecounty in advance for real property subsequently becomingqualified for the exemption, the director of finance shallrefund to the nonprofit or limited distribution mortgagorowning the property that portion of the taxes attributableto and paid for the period after the qualification.

SECTION -.46. Other exemptions. Exemptions toreal property~taxes

as set forth in chapter 53, chapter 154,chapter 183, chapter 186, chapter 234, chapter 239 andchapter 514, Hawaii Revised Statutes, and in Section 208 ofthe Hawaiian Homes Commission Act, and which were enactedprior to November 7, 1978, shall remain in effect and berecognized by this county in its administration of the realproperty tax system, provided, that all references to thedirector of taxation or the department of taxation shall nowbe deemed to refer to the designated representative of themayor who shall also be subject to approval by the countycouncil.

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DETERMINATION OF RATES

SECTION-_

.47. Real Property Tax; Determination ofRates.

(a) Unless a different meaning is clearly indicated bythe context, as used in this section:(1) "Net taxable lands" means all other real propertyexclusive of buildings.

(2) "Net taxable real property" or "net taxablebuildings" or "net taxable lands" means, asindicated by the context, the percentage of thefair market value of propérty determined underSection -

.3, which the director of financecertifiei¯ai¯ëhe tax base as provided by ordinanceless exemptions as provided by ordinance and, inall cases where appeals from the director'sassessment are then unsettled, less fifty per centof the value in dispute.

(b) The Council may increase or decrease the tax ratefor buildings and for all other real property, exclusive ofbuildings for net taxable land and net taxable buildings ofeach class of property established in accordance withsubsection -

.ll(d). A resolution setting the tax ratesshall be adõptid on or before June 20 preceding the tax yearfor which property tax revenues are to be raised accordingto the following procedures:

(1) The council shall advertise its intention toincrease or decrease tax rates and the date, time,and place of a public hearing in a newspaper ofgeneral circulation. The date of the publichearing shall be not less than ten days after theadvertisement is first published and shall setforth the tax rates to be considered by thecouncil.

(2) After the public hearing provided for in paragraph(l), the council shall readvertise and reconvene

within three weeks to,adopt a resolution fixingthe tax rates for the tax year for which propertytax revenues are to be raised. The advertisementshall state the new rates to be fixed and thedate, time and place of the meeting scheduled forfixing such rates. The date, time, and place ofthe meeting shall also be announced at the publichearing required by paragraph (1). If the resolutionfixing the tax rates is not adopted within threeweeks from the public hearing required by paragraph(1), the council shall again advertise and meet asrequired by paragraph (1).

(3) If after adopting an increase or decrease in thetax rates as provided by paragraphs (1) and (2),the council determines that it requires a furtherincrease or decrease in tax rates or fails to actin any specified period, the council shall readvertiseand follow the requirements of paragraphs (1) and(2).

(c) The council shall set the tax rates for each classof property using the following method:

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(1) Net taxable lands and net taxable buildings withineach class of property shall be assigned a percentageof the total revenue to.be derived from realproperty.(2) The percentage of revenue to be raised from nettaxable lands and net taxable buildings within

each class shall be multiplied by the totalrevenue to be raised from real property in..orderto determine theramount of revenue to be derived.

(3) The amount of revenue to be raised from nettaxable buildings within each class shall bedivided by the net taxable value of buildings inthat class to determine the tax rate which shallbe expressed in terms.of tax per $1,000.of nettaxable buildings computed to the nearest cent;

(4) The amount of revenue to be raised from net taxablelands within each class shall be divided by thenet taxable value of lands in that class to determinethe tax rate which shall be expressed.in terms oftax per $1,000 of net taxable lands computed tothe nearest cent.(d) If the tax rates for the tax year are increased ordecreased and the council shall notify the director of

finance of the increased or decreased rates, and the directorshall employ such rates in the levying of property taxes asprovided by this ordinance.(e) The director of finance shall on or before May 1preceding the tax year furnish the council with a calculationcertified by him as being as nearly accurate as may be, ofthe net taxable real.property within the county, separatelystated for each category established in accordance withsubsection -

.ll(d) for net taxable lands and for nettaxable buildings plus such additional data relating to theproperty tax base as may be necessary.(f) Insofar as the validity of any tax rate is concerned,the provisions of subsections (b) and (e) of this section asto dates, shall be deemed directory; provided that all otherprovisions of subsections (b) and (e) and all provisions ofsubsections (c) and (d) shall be deemed mandatory.(g) Notwithstanding any provision to the contrary,there shall be levied upon each individual parcel of realproperty taxable under this ordinance a minimum real propertytax of $7 a year.

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80•-14

SECTION -.48. This Ordinance shall take effect on

July 1, 1981.

I ODUCED BY:

Councilmembers


JULY 25, 1979 -


ration Coun 1


-35-

80--14

CITY COUNCILCITY AND COUNTY OF HONOLULU

HONOLULU,.HAWAII

CERT I F I C A TE

I HEREBY CERTIFY that Bill No. 76 (1979), vetoedby the Mayor on March 5, 1980, was taken up by the Council

of the City and County of Honolulu for consideration on

March 19, 1980, and, at the same meeting, APPROVED by thesaid Council, the veto of the Mayor to the contrarynotwithstanding, by the following vote:

AYES : Mr. Akahane, Mrs. Bornhorst,Mr. Clement, Mr. Matsumoto,Mr. Nekota, Mr. Poepoe,Mr. Pacarro. - 7.

NOES : None.EXCUSED: Mr. Fong. - 1.ABSENT : Mr. Loo. - 1.

Dated, Honolulu, State of Hawaii, this 20th dayof March, 1980.

I

CITY COUNCIL

DY PACARROChairman nd Presiding Officer

ATTEST:

PAUL H. MAEDACity Clerk

. 80-14

DRAFT 2

(AEC)

ORDINANCE NO. $Û-(BILL NO. 4 , 1980)


A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 79-69, AS AMENDED, RELATING TO THECAPITAL BUDGET ORDINANCE OF THE CITY AND COUNTY OF HONOLULU FOR THE FISCAL YEARJULY 1, 1979.TO JUNE 30, 1980.


SECTION 1. Ordinance No. 79-60, as amended, relating to the Capital Budgetof the City and County of Honolulu for the fiscal year July 1, 1979 to June 30,1980, is hereby amended as follows:

Appropriating the following amount which is in addition to theamounts estimated and appropriated by Ordinance No. 79-60:

Highway Improvement Bond Fund . . . . . . . . . . . -. $950,000

SECTION 2. The amount appropriated in Section 1 shall be and is herebyappropriated to the following departmentand project:

HIGHWAY IMPROVEMENT BOND FUND

UTILITIESMass Transit:

DEPARTMENT OF TRANSPORTATIONSERVICESRapid Transit System . . . . . . . . . . . . . . $950,000

SECTION 3. Should the City receive State funds to finance this program,the Highway Improvement Bond Fund appropriation shall be decreased to the extentof the amount received from the State.

(OCS/031880/LC)

80 -15


I DUCED B

Councilmembers


, JANUARY 10 , 19 8 0

Honolulu, Hawaii


De ty Corporddion ounsel

APPROVED this 21stday of

March, 1980


(OCS/031880/LC)

80 -15

(AEO) Draft No. 6

ORDINANCE NO.(BILL NO. 93 , 1979)

EXECUTIVE BUDGET SUPPLEMENTARY ORDINANCE NO. 2

A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 79-47, AS AMENDED, RELATING TO THEOPERATING BUDGET OF THE CITY AND COUNTY OF HONOLULU FOR THE FISCAL YEAR JULY 1, 1979TO JUNE 30, 1980.


SECTION 1. Ordinance No. 79-47, as amended, relating to the operatingbudget of the City and County of Honolulu for the fiscal year July 1, 1979 toJune 30, 1980 is hereby further amended as follows:

a) Estimating additionalrevenues for the purposesas set forth in Section 2.

BusGeneral Highway Transportation

Fund Fund Revolving Fund

CHARGES FOR SERVICES

HIGHWAYS AND STREETS:Parking:

City Employees............... $ 19,600 $ -- $ --

Other Parking Meter Collections:Zoo Parking Lot.............. -- 40,000 --

MISCELLANEOUS REVENUE

INTEREST EARNINGS:Investments..................... 3,100,000 -- --

OTHER:Sundry Realizations:

Recovery for HonouliuliWastewater Treatment andDisposal System Project.... 775,574 -- --

Recovery from State forFamily Support Program..... 39,750 -- --

Incentive Receipts from StateFamily Support Program..... 13,250 -- --

REVOLVING FUND REVENUES

BUS TRANSPORTATION:Bus Fare...····················· -- -- 3,917,090

TOTAL REVENUES................. 3,948,174 40,000 3,917,090

(OCS/022580/EAI)

b) Reducing estimated fundbalances appropriated inOrdinance No. 79-47.



SURPLUS

Balance Forwarded................ (401,516) (482,379) --

TOTAL REVENUES AND SURPLUS...... 3,546,658 (442,379) 3,917,090

ADJUST: INTER-FUND TRANSFER..... -- 482,379 --

NET TOTAL REVENUES AND SURPLUS..$ 3,546,658 $ 40,000 $ 3,917,090

SECTION 2. The moneys in Section 1 shall be and are hereby appropriated orreduced in the funds and expenditure accounts as set forth as follows:

BusGeneral Righway Transportation


GENERAL GOVERNMENT-STAFF AGENCIES

LAW:Corporation CounselLegal Services:

Family Support................$ 53,000 $ -- $ --

GENERAL GOVERNMENT BUILDINGS:Buildhag DepartmentGeneral Services:

General Services.............. 19,600 -- --

CULTURE-RECREATION

RECREATION:Department of Parks andRecreationFacilities Development:

Facilities Development........ -- 40,000 --

UTILITIES OR OTHER ENTERPRISE

MASS TRANSIT:Department of TransportationServicesMass Transit:

MTL, Incorporated............. -- -- 3,917,090

-2-

(OCS/022580/EAI)

80 -16



MISCELLANEOUS

CONTRIBUTIONS AND TRANSFERS TO

OTHER FUNDS:Bus Subsidy...................... -- (482,379) --

UNCLASSIFIED:Provision for Collective

Bargaining.................... 3,474,058 '-- --

TOTAL APPROPRIATIONS........... $ 3,546,658 $ (442,379) $ 3,917,090

ADJUST: INTER-FUND TRANSFER..... -- 482,379 --

NET TOTAL APPROPRIATIONS........$3,546,658 $ 40,000 $ 3,917,090


INTRODUCED BY:

DATE OF INTRODUCTION: y/

October 16, 1979 y/

Honolulu, Hawaii

APPROVED AS TO FORM & LEGALITY:COUNCILMEMBERS

Dep ty Corpor ion ounsel

APPROVED this 31 day ofMarcht

, 1980.


-3-

(OCS/022S80/EAI)

(PTS)ORDINANCE No. $Û-i V BILL NO. 9 (1980)

A BILL FOR AN ORDINANCE TO AMEND SECTION 28-2.1 OF CHAPTER 28,REVISED ORDINANCES OF HONOLULU 1969, AS AMENDED, PERTAININGTO.FARE STRUCTURE OF THE PUBLIC TRANSIT SYSTEM.


SECTION 1. Section 28-2.1 of Chapter 28, R.O. 1969, asamended, is hereby further amended in the following respect:

By adding a new paragraph (d) to read as follows:

[d) In the event of a strike or work stoppage whichshuts down the public transit system or a similar I

occurrence which closes public and/or private schools,the Director of Transportation Services is authorizedto make such bus pass fare adjustments as in hisjudgment are warranted by the particular circumstances.

SECTION 2. New material is underscored. When revising,compiling or printing this ordinance for inclusion in theRevised Ordinances of Honolulu, the Corporation Counsel neednot include the underscoring.

I TRODUCED BY:


JANUARY 10, 1980

Honolulu, HawaiiCouncilmembers





80 -17

I

(DRAFT NO. 1)

A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. 4529, AS AMENDED,PERTAINING TO A SHORELINE PROTECTION DISTRICT FOR OAHU.


SECTION I. Ordinance No. 4529, as amended, shall be amendedin the following respects:

A. Section 8, Public Hearings, is amended as follows:

The Agency, pursuant to powers of delegation given to theCity Council under Act 176, Session Laws of Hawaii 1975,shall hold a public hearing at a date set no less thanttwenty-one (21) nor more than.[ninety (90)] sixty (60)calendar days after the date on which the application isaccepted, unless the [ninety-day] sixty-day period iswaived by the applicant. The Agency shall give adequatenotice to the owners of all property within 300 feet of theaffected property as well as to all owners of all propertydescribed in the application. The Agency shall give writtennotice, once in a newspaper of general circulation in theCounty and once in a newspaper of general circulation inthe State, at least twenty (20) calendar days in advance.The notice shall state the nature of the proposed developmentfor which a permit application is made and of the time andplace of public hearing.The hearing shall be held in the [Council Districti areain which the development is proposed. Whenever possible,any such hearing will be held jointly and concurrentlywith any other hearing required for the same development.Upon conclusion of the public hearing, the Agency shalltransmit its findings and recommendations thereon, withinten (10) calendar days, directly to the City Council forits consideration and decision.

B. Section 9, Action by the Council, is amended as follows:

A. The Council shall grant or deny any application forshoreline management permit within [twenty (20)]sixty (60) calendar days [after receiving the Agency'sfindings and recommendations, unless the extension hasbeen agreed to by the applicant. ] after the close ofthe Agency's public hearing. [The City Council mayhold an additional public hearing prior to making itsdecision where, in its discretionary judgement,significant community interest exists or strongopposition is granting a shoreline management permitis indicated at the Agency-conducted public hearing.]

The City Council's action shall be final, unlessotherwise mandated by court order when a judicial reviewis sought pursuant to Sec tion 46-4 of the HawaiiRevised Statutes.

80 -18

SECTION II. Ordinance material to be repealed is bracketed.New material is underscored. When revising, compiling orprinting this ordinance for inclusion in the Revised Ordinancesof Honolulu, the Corporation Counsel need not include the brackets,the bracketed material or the underscoring.


Councilmembers

DATE OF INTRODUCTION:FEBRUARY 7, 1980Honolulu, Hawaii



APPROVED this 31 day of March , 1980.


80 -18

-2-

ORDINANCE NO BILL NO. (1980)

A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, R. O. 1969, AS AMENDED,BY REPEALING ARTICLE 3, RELATING TO AUTOMOTIVE EQUIPMENT SERVICEREVOLVING FUND.

BE IT ORDAINED by the People of the City and County of Honolulu:SECTION 1. Chapter 8, R. O. 1969, as amended, is herebyfurther amended by repealing in its entirety Article 3, relating

to the Automotive Equipment Service Revolving Fund.


DATE OF INTRODUCTION:FEBRUARX 7, 1980

CouncilmenHonolulu, Hawaii


De uty Corp ti n Counsel

APPROVED this 31 day

of March, 1980.

FRANK F. FA I, yor

80 -19

ORDT.NANCE NO. - BILL NO. (1980)

A BILL FOR AN ORDINANCE TO ABOLISH CERTAIN DEPARTMENT OF HOUSING

BE IT ORDAINED by the Eeople of the City and County of Honolulu:SECTION 1. The urban redevelopment project expendi-

tures and project temporary loan repayment funds enumerated beloware hereby abolished:

Kukui Project Expenditures, Hawaii R-2 Fund;Kukui Project Temporary Loan Repayment, Hawaii R-2.

Fund;Paki Project Expenditures, Hawaii R-5 Fund;Paki Project Temporary Loan Repayment, Rawaii R-5

Fund;Kauluwela Project Expenditures, Hawaii R-7 Fund;Kauluwela Project Temporary Loan Repayment, Hawaii

R-7 Fund;Hinano Project Expenditures, Hawaii R-9 Fund;Hinano Project Temporary Loan Repayment, Hawaii

R-9 Fund.


DATE OF INTRODUCTION:FEBRUARY 7, 1980

Honolulu, HawaiiCouncilmen


D uty Corporation Counsel

APPROVED this 31 day

of March, 1980.

r

80 -20

(AEC) Draft No. 2

ORDINANCE No. 80-21(BILL NO. 22 , 1980)

CAPITAL BUDGET SUPPLEMENTARY ORDINANCE NO. 5

A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 79-60, AS AMENDED, RELATING TO THE

CAPITAL BUDGET ORDINANCE OF THE CITY AND COUNTY OF HONOLULU FOR THE FISCAL YEAR JULY 1,1979 TO JUNE 30, 1980.


SECTION 1. Ordinance No. 79-60, as amended, relating to the Capital Budget ofthe City and County of Honolulu for the fiscal year July 1, 1979 to June 30, 1980 ishereby further amended as follows:

a) Appropriating the following amount which is in addition to the amountsestimated and appropriated in Ordinance No. 79-60, as amended:

General Improvement Bond Fund.................$1,300,000Highway Improvement Bond Fund................. 3,880,000

TOTAL....................................$5,180,000

b) Reducing the appropriation in the following amount for project authorizedby Ordiaance No. 79-60, as amended:

FEDERAL REVENUE SHARING FUND


DEPARTMENT OF PARKS AND RECREATIONMililani District Park........................$1,200,000

SECTION 2. The moneys appropriated in Section 1(a) shall be and are herebyappropriated to the following departmentsand projects:


PUBLIC SAFETYPolice Stations and Fire Stations:

BUILDING DEPARTMENTKahuku-Laie Police Station....................$ 100,000


DEPARTMENT OF PARKS AND RECREATIONMililani District Park........................ 1,200,000

TOTAL GENERAL IMPROVEMENT BOND FUND . . . . . . . . .$1, 300 ,000

(OCS/030380/EAI)

80 -21

HIGHWAY IMPROVEMENT BOND FUND

HIGHWAYS AND STREETSStreet Lighting:

DEPARTMENT OF TRANSPORTATIONSERVICESEnergy Conservation Program................... 3,880,000

TOTAL CAPITAL IMPROVEMENT APPROPRIATIONS. . . . $5,180 ,000


INTRODUCED BY:


FEBRUARY 20, 19 8 0

COUNCILMEMBERSHonolulu, Hawaii


Dep ty Corpor ion unsel

APPROVED this 31 day of

March , 1980.

F KæF. SI, MayorHonolulu

-2-

(OCS/030380/EAI)80-21

Draft No. 2

CAPITAL IMPROVEMENT PROGRAMFOR THE FISCAL YEAR JULY 1, 1979 TO JUNE 30, 1980


FUNDS FOR NEW PROJECTS

HIGHRAYS AND STREETSStreet Lighting:

DEPARTMENT OF TRANSPORTATIONSERVICESEnergy Conservation Program...................................$3,880,000

FUNDS FOR PRIOR YEARS' PROJECTS

PUBLIC SAFETTPolice Stations and Fire Stations:

BUILDING DEPARTMENTKahuku-Laie Police Station.................................... 100,000

(Land................$100,000)


DEPARTMENT OF PARKS AND RECREATIONMililani District Park........................................ 1,200,000

construction of gymnasium/recreationcenter.TOTAL(CCon ruction......$1,200,000)............................$5,180,000

MEANS OF FINANCINGGeneral Obligation Bonds.........................................$5,180,000

(OCS/030380/EAI)

80-21

DRAFT NO. 2

(AEO)

ORDINANCE NO.80 -22 /(BILL NO. 23 , 1980)

EKECUTIVE BUDGET SUPPLEMENTARY ORDINANCE NO. 3

A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 79-47, AS AMENDED, RELATING TO THß OPERATING BUDGET OF THE CITY AND COUNTY OF HONOLULU

FOR THE FISCAL YEAR JULY 1, 1979 TO JUNE 30, 1980,

BE IT 01H)AINED by the People of the City and County of Honolulu:

SECTION 1. Ordinance No. 79-47, as amended, relating to the operating budget of the City and County of Honolulu for the fiscal ÛJ

yeace July 1, 1979 to June 30, 1980 is hereby further amended as follows:

a) Appropriating the following amount whÀch ge in addition to the amounta estŠmated and appropriated byordinance No, 79-47, as ¢mended:

Federal Revenue Sharing Fund

Federal Reyenue Sharing ,....,.....,,.....,,,...,........... $1,199,652

b) Estimated additional revenues for the purposes as get forth in Section 2,

cocs/022580/Lc)

FederalRevenue Urban Rede- Bus Transportation

General Fund Highway Fund Sharing Fund Sewer Fund velopment Fund Revolving Fund

TAXESGENERAL PROPERTY TAXES:

Real Property Tax...................... $ 2,000,000 $ --- $ --- $ --- $ --- $ ---

LICENSES AND PERMITSNON-BUSINESS LICENSES AND PERMITS:

Building Structures and EquipmentPermits -

Building............................. 450,000 --- --- --- --- ---

INTERGOVERNMENTAL REVENUEFEDERAL GRANTS:

Federal Highway Administration andDemonstration Program............... --- 156,528 --- --- --- ---

STATE PAYMENTS IN LIEU OF TAXES:Contribution in Lieu of Taxes from

Hawaii Housing Authority............ 110,100 --- --- --- --- ---

00

MISCELLANEOUS REVENUERENTS:

Rental Units -

Rental Units (City Property)......... 50,000 --- --- --- --- ---

CONCESSIONS:Other Concessions -

Parking -- Civic Center Parking...... 50,000 --- --- ---

OTHER:Sundry Realizations -

Recovery of Overhead Charges......... 100,000 --- --- ---

Recovery of Overhead Charges --

Federal Grants..................... 75,000 --- --- ---

Recovery from Health Fund..,....,,,,, 137,832 --- --- ---

Recovery for Honouliuli WastewaterTreatment and Disposal System.,,,,, 201,460 --- --- ---

Vacation Accumulation Deposite....... 100,000 --- --- ---

(OCS/022580/LC) - 2 .

FederalRevenue Urban Rede- Bus Transportation

General Fund Highway Fund Sharing Fund Sewer Fund velopment Fund Revolving Fund

REVOLVING FUND REVENUESBUS TRANSPORTATION:

Bus Fare............................. $ --- $ --- $ --- $ --- $ --- $ 359,597

SURPLUSBalance Forwarded,,,,,,,,,,,,,,,,,,,,,, --- --- 500,000 425,665 93,211 ---

TOTAL REVENUES AND SURPLUS,,,,,....,, 3,274,392 156,528 500,000 425,665 93,211 359,597ADJUST: INTER-FUND TRANSFER,,,.,.., --- 359,597 --- --- --- ---

NET TOTAL REVENUES AND SURPLUS,.. $ 342744392 $ 516,125 $ 500;000 $ 425,665 $ 93,211 $ 359,597

SECTION 2. The moneys in Section la and 1b shall be and are hereby appropriated to the funds and expenditure accounts as set forthas follows:

FederalRevenue . Urban Rede- Bus Transportation

General Fund Highway Fund Sharing Fund Sever Fund velopment Fund Revolving Fund00

UTILITIES OR OTHER ENTERPRISEMASS TRANSIT:

Department of Transportation ServicesMass Transit -

MŒL, Incorporated.........,,,,,, $ --- $ --- $ --- $ --- $ --- $ 359,597

MISCELLANEOUSCONTRIBUTIONS AND TRANSFERS

TO OTHER FUNDS:Bus Subsidy..,......,............. --- (359,597) --- --- --- ---

UNCLASSIFIKD:Provision for Collective Bargaining., 3,274,392 516,125 1,699,652 425,665 93,211 ---

TOTAL APPROPRIATIONS..........,...... 3,274,392 156,528 1,699,652 425,665 93,211 359,597ADJUST: INTER-FUND TRÄNßFER....... --- 359,597 --- --- --- ---

NET TOTAL APPROPRIATIONS,........ $ 3,274,392 $ 516,125 $ 1,699,652 $ 425,665 $ 93,211 $ 359,597

(OCS/022580/LC)- 3 -

SECTION 3. This ordinance shall take effect upon its Approval.

INTRODUCED BY:

DATE OF INTRODUCTION: - g

FEBRUARY 20,

1980

Honolulu, HawaiiCoundi1members


Dep ty Corpora ion ¢ounsel

APPROVED this 31 day of

March , 1980.


(OCS/022580/LC) - 4 -

(ALO)ORDINANCE NO $Û *ÑÛ

(Bill No. A ($ , 1980)

LEGISLATIVE BUDGET

SUPPLEMENTARY ORDINANCE NO. 1

A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 79-48, RELATING TO THE

LEGISLATIVE BUDGET OF THE CITY AND COUNTY OF HONOLULU FOR THE FISCAL YEAR

JULY 1, 1979 TO JUNE 30, 1980.


SECTION 1. Ordinance No. 79-48, relating to the Legislative budgetof the City and County of Honolulu for the fiscal year July 1, 1979 to June 30,1980, is hereby amended as follows:

. Estimated additional revenues for the purposes as set forthin Section 2.

- GENERAL FUND

CHARGES FOR SERVICESHighways and Streets:

Parking:City Employees.................................. $ 66,500

MISCELLANEOUS REVENUESOther:

Sundry Realizations:Recovery for Mili1ani Sewage Treatment

Effluent Disposal System..................... 60,200

TOTAL.................................... $126,700

SECTION 2. The moneys estimated in Section 1 shall be and are herebyappropriated to the fund and expenditure account as set forth as follows:

GENERAL FUND

MISCELLANEOUSUnclassified:

Provision for Collective Bargaining.............. $126,700

(OCS/021980/LC)

80 -23


INTRODUCED BY:

Councilmembers


MARCH 5, 1980

Honolulu, Hawaii


De y Corporation Counsel

APPROVED this y 7 day of

Apri l , 1980.


(OCS/021980/LC)

- 2 -

80 -23

ORDINANCE NO. Û* BILL NO. . (1990)CDRAFT NO. 1)

A BILL FOR AN ORDINANCE TO REZONE A PORTION OF EXISTING R-6 RESIDENTIALDISTRICT SITUATED AT WAIAU, EWA, OAHU, HAWAII, TO I-1 LIGHT INDUSTRIALDISTRICT NO. R-57.


SECTION I. A portiðn of existing R-6 Residential Districtsituated at Waiap, Ewa, Oahu, Hawaii, hereafter described, ishereby rezoned to I-1 Light Industrial District No. R-57. Theboundaries of said I-1 Light Industrial District No. R-57 shallbe described as follows:

Being a portion of Grant 2861 to Narcizo Jose, situated on€he Southerly side of Kamehameha Highway at Waiau, Ewa, Oahu,Hawaii, and covered by Tax Map Key 9-8-3: 32.

Beginning at the Easterly corner of this parcel of land onthe Southerly side of Kamehameha Highway, the coordinatesof said point of beginning referred to Government SurveyTriangulation Station "EWA CHURCH" being 566.57 feet Southand 6,265 feet East and running by azimuths measured clock-wise from true South:

1. 45° 16' 94.00 feet along Lot 7-A (Map 8) ofLand Court Application 1640;

2. 45° 00' 4.29 feet along Lot 7-A (Map 8) ofLand Court Application 1640;

3. 115° 57' 30" 170.85 feet along Lot 7-A (Map 8) ofLand Court Application 1640;

4. 205° 57' 30" 92.75 feet along the remainder ofGrant 2861 to Narcizo Jose;

5. 295° 57' 30" 203.29 feet along the Southerly sideof Kamehameha Highway to thepoint of beginning andcontaining an area of 17,368square feet more or less;


SECTION II. A Unilateral Agreement marked Exhibit "B" is byreference incorporated herein and made a part hereof.

80 -2 4

SECTION III. This ordinance shall take effect upon its approval.

Councilmembers


JANUARY 10 , 19 80

Honolulu, Hawaii


D ty Corporation Counsel

Approved this 13th day of May , 1980.

RANK F. FASI, ayorCity and County of Honolulu

-2-

80-24

2.

en«rews . Niom y a

(. 545,57 6.ases,ao e.

"etvA OV/ACH"4

as' 57'30'"-

as o7a o

/ L/dHT /Not/57R/AL / /",a varavar No. x-sy

as er ao" - tro.as

exrsvino .r-/ or / oosr . o,s,-cr . no. x-ses

et7-» / /

ari

¿.a

/ L/d//7 /HTJt/37R/Æ f.2/37R/UT Ho. N-57h/>+/r9U

., f/VÆ , O/9tiu , /ht?Vrt//Zeno' s//uske' on me soumerly e/o'e of xamehe,7x-he Aghway.

opp//ceni.· Cákska yesh/2/a7ex Alap A'cy .' 9 -8-3.38

NU //C NMC/kg. gŒmnission uncil

/ reperm' ay: Deperimeni of Lam' U/77]etronCNy em' countÿ or reno/a7e

ro/<±r /vo.: 24/2-73

o,«. No. .· 80 -24 3 7, .,4

syW ,Caye.• JAY 13, 1980EX ///87 T /Ÿ

RECORDATION AEQUESTED BY:

AFTER RECORDATION, RETURN TO:

MERVYN W. LEE

RETURN BY: MAIL ( ) PICKUP ( )

UNILATERALAGREEMENT FORCONDITIONAL SONING

THIS INDENTURE, made this / day of

, 1980, by CHIKAKU YOSHIDA,

husband of Nancy Yoshida, whose residence and postoffice address is 886 Fourth Street, Pearl City,

City and County of Honolulu-, State of Hawaii, STANLEY

KENJIRO YOSHIDA, widower, whose residence and postoffice address is 105-E Kawananakoa Place, Honolulu,

City and County aforesaid, MELVIA CHIKUE IKEDA, wifeof Takumi Ikeda, whose residence and post office

address is 105-A Kawananakoa Place, Honolulu afore-

said, FRANCES CHIYOKO TSUMOTO, widow, whose residenceand post office address is 1350 Dillingham Boulevard,

' Honolulu aforesid, JANE SACHIE YAMAMOTO, wife ofSeiichi Yamamoto, whose residence and post officeaddress is 101 Kawananakoa Place, Honolulu aforesaid,JANICE CHIZUE NAKAMURA,.wife of Joe Nakamura, whoseresidence and post office address is 18423 SouthDelton Street, Gardena, California, and ELAINE TOMOYO

NAKATANI, wife of Fumihiko Nakatani, whose residenceand post office address is 105-D Kawananakoa Place,Honolulu aforesaid, as owners of that certain parcel

4 80-24

of.land described in Exhibit "A" attached hereto andmade a part hereof, hereinafter collectively referredto as "Declarant"

WITNESSETH:

WHEREAS, the City Council of the City and Countyof Honolulu, State of Hawaii, hereinafter referred to as"Council", pursuant to the provisions of Ordinance No. 4300,Bill 167 (1973), relating to conditional zoning, is consi-dering a change in zoning from R-6 Residential District toI-1 Industrial District for the land described in Exhibit

"A";

WHEREAS, a public hearing regarding the changeof the.zoning was held by the Council on January 23, 1980;and the Council resolved that said change in zoning beapproved, subject to development in accordance with theconditions set forth in Exhibit "B" attached hereto andmade a part of the zoning ordinance; and

WHEREAS, the conditions are reasonable andrationally relate to the objective of preserving the publichealth, safety and general welfare and further implementa-tion of the General Plan, Detailed Land Use Map and conformto the following:

1. The rezoning must give rise to the need forthe conditions which are imposed and such conditions'willfulfill the objectives of the conditional zoning ordinances;

2. Fulfillment of those objectives conform tothe General Plan and Detailed Land Use Map of fhe City andCounty of Honolulu;

80 -24

3. Performance of the conditions will mitigate

against public burden by placing the burden for meetingpublic service demands created by the proposal directly

on the party whose property gives rise to them;

4. .The imposition of the conditions involveno relinquishment by the City and County of Honolulu of

its discretionary zoning power; and

5. That the rezoning without the conditionson its own merits would be approved, and that the place-

ment of the conditions on the property is solely for thefurther protection of the public health, safety and generalwelfare of the community and not for the private interest

of the owner of the property.NOW, THEREFORE, Declarant, for themselves and

the benefit of their successors and assigns, hereby makes

the following Declaration:

1. This agreement is made.pursuant to the

provisions of ordinance No. 4300, Bill No. 167 (1973),

relating to conditional zoning, the terms of which shall

be fully applicable when Council approves the change of

zoning from R-6 Residential District to I-1 Light

Industrial District for the land described in Exhibit "A";2. That Declarant agrees to develop in substantial

accord with the conditions set forth in Exhibit "B" attachedhereto and made a part hereof;

3. That Declarant agrees to file copies of the

zoning ordinance and this unilateral agreement including

said Exhibit "B" each time Declarant or its successors, or

permitted assigns or agents file an application for a

building permit for any structure to be located .on the

real property which is the subject of this agreement;

4. That the conditions imposed are reasonable

and rationally relate to the objective of preserving the

public health, safety and general welfare and the further

implementation of the General Plan and Detailed Land Use

Map of.the City and County of Honolulu; and

5. That failure to develop in substantial

accord with the conditions set forth in said Exhibit "B",

shall constitute grounds for the City Council to repeal

the zoning ordinance.AND IT IS EXPRESSLY UNDERSTOOD AND AGREED that

the conditions imposed in this Declaration shall run withthe land and shall bind and constitute notice to all sub-

sequent grantees, assignees, mortgagees, lienors and any

other person who claims an interest in such property.

AND the City and County of Honolulu, State of

Hawaii, shall have the right to enforce said conditions

by appropriate action at law or in equity against such

persons claiming an interest in such property.

IN WITNESS WHEREOF, said Declarant-Owner have

executed this agreement as of the day and year first above

written.

CHIKAKU YOSHIDA

S*1'ANLEY K IAS SHIDA'

$0-24-4-

l leI EDA

FRANCES CHIYO TSUMOTO

JANE HIE Y

¿ANICE CHIZUE N KAMURA

ELAINE TOMOYO TANI

Declarant-Owner

80 -24

STATE OF HAWAII )

: ss.CITY AND COUNTY OF HONOLULU)

On this day of , 1980,

before me personally appeared CHIKAKU YOSHIDA, to me known to

be the person described in and who executed the foregoing

instrument, and acknowledged.that he executed the same cus

his free act and deed.

tary/PublicStatelof HawaiiMy commission expires: /-.27-827

STATE OF HAWAII )


On this Ÿ day of / ( , 1980,

before me personally appeared STANLEY KENJIRO YOSHIDA, to me

known to be the person described in and who executed the

foregoing instrument, and acknowledged that he executed the .

same as his free act and deed.

N tar PubliStat of HawaiiMy <:ommission expires: /Gg

STATE OF HAWAII ) ;: ss.

CITY AND COUNTY OF HONOLULU)


before me personally appeared NELVIA CHIKUE IKEDA, to me


foregoing instrument, and acknowledged that she executed

the same as her free act and deed.

Notary ubli .State f HawaiiMy commission expires: /-27--7)

STATE OF.HAWAII )


On this ŸÊ day of , 1980,

before me personally appeared FRANCES CHIYOKO TSUMOTO, to me


foregoing instrument, and acknowledged that she executed

the same as her free act and deed.

Mbtarý Publi /Staté of HawaiiMy commission expires:/-27fÿ

I

80-24

STATE OF HAWAII )



before me personally appeared JANE SACHIE YAMAMOTO, to me

known to b-e the person described in and who executed the

foregoing instrument, and acknowledged that she executed the

same as her free act and deed.

N tary ublicState 'of Hawaii .My commission expires: |Q.7-þ

STATE OF CALIFORNIA )

: ss.COUNTY OF L $ Ñ106ELES )

On this /* day of /ho /L , 1980,

before me 'T/fE¯UÁlâ€ES/6A/EÑ., notary public in and for

said county and state, personally appeared JANICE CHIZUE

NAKAMURA, to me known to be the person described in and who

executed the foregoing instrument, and acknowledged that she

executed the same as her free act and deed.

tJOAN C. M RIEN

NORRYPUBUC-CAUFORMA Notaky Public in and for saidCounty and State

My Commission Exp. AUG. 27, 1982

80-24

STATE OF HAWAII )


On this day of / 2( , 1980,

before me personally appeared ELAINE TOMOYO NAKATANI, to me


foregoing instrument, and acknowledged that she executed the

same as her free act and deed.

otaryþ-ublicState lof HawaMy commission expires:/97-8

80-24

Exhibit "A"

ALL of that certain parcel of land (being a portion ofR. P. Grant 2861 to Narcizo Joàe) situated on the South-west side of Kamehameha Highway, at Waiau, Ewa, Oahu,State of Hawaii, and thus bounded and described:

BEGINNING at a pipe at the East corner of this piece ofland and on the Southwest side of Kamehameha Highway,the coordinates of said point of beginning referred toGovernment Survey Triangulation Station "Ewa Church"being 566.57 feet North and 6265 feet East, and thencerunning by azimuth measured clockwise from true South:

1. 45° 16' 94.00 feet along R. P. 6557,L. C. Aw. 10605, Apana5 to I Piikoi and R. P.165, L. C. Aw. 9328,Apana 1 to Kaeko oia oKalamiahia to a "+" cuton wall;

2. 45° 00' 4.29 feet along R. P. 165,L. C. Aw. 9328, Apana Lto Kaeko oia a Kalimeahato a "+" cut on wall;

3. 115° 57' 30" 170.85 feet along the remainderof Grant 2861 to NarcizoJose to a pipe;

4. 205° 57' 30" 92.75 feet along the remainderof Grant 2861 to NarcizoJose to a pipe;

5. 295° 57' 30" 203.29 feet along the Southwestside of Kamehameha High-way to a point of beginn-ing and containing anarea of 17,368 squarefeet, or 0.398 acre.

BEING a portion of the land devised to Chikaku Yoshida;Stanley Kenjiro Yoshida; Frances Chiyoko Tsumoto; MelviaChikue Ikeda; Jane Sachie Yamamoto; Elaine To·moyo Nakatani;and Janice Chizue Nakamura; as Tenants in Common by theWill of Ichi Yoshida as appears by Order of Distributionfiled November 5, 1970 in the First Circuit Court of theState of Hawaii with Probate No. 31704, and also recordedin the Bureau of Conveyances of the State of Hawaii inLiber 7448 at Page 130.

SUBJECT, HOWEVER, to all mineral and metallic minesreserved to the State of Hawaii.

End of Exhibit "A"

80•€4

Exhibit "B"

CONDITIONS FOR ZONING

Declarant and/or its successors and assignsshall, upon development of the subject real property,comply with the following:

1. .Obtain a necessary right-of-wayor an easement in adjacent landsto ensure connection to a publicsewer system in accordance withthe requirements of the Departmentof Public Works, City and Countyof Honolulu, or if such is'notpossible, obtain approval forsewerage disposal from the Sanita-tion Branch, Department of Health;and

2. Comply with the fire protectionrequirements of the Fire ProtectionBureau, Honolulu Fire Departmentand obtain approval of the Boardof Water Supply, City and Countyof Honolulu regarding adequacy ofwater.

End of Exhibit "B"

80-24

.

l

ORDINANCE NO. BILL No. 16 (19 so)(DRAFT NO. 1)

A BILL FOR AN ORDINANCE TO REZONE A PORTION OF EXISTING R-6 RESIDENTIALDISTRICT SITUATED AT KAALAEA, KOOLAUPOKO, OAHU, HAWAII, TO I-1 LIGHTINDUSTRIALDISTRICT NO. R-56.

BE IT ORDAINED by the People of the City and County of Honolulu: -

SECTION I. A portion of existing R-6 Residential District

situated at Kaalaea, Koolaupoko, Oahu, Hawaii, hereafter described,is hereby rezoned to I-1 Light Industrial District No. R-56. Theboundaries of said I-1 Lig:ht Industrial District No. R-56 shall bedescribed as follows:

Being portions of Lots Q-1-C, Q-1-B, and Q-1-E (Map 4) ofLand Court Application 1594, situated on the southerly sideof the intersection of Wailehua Road and Kamehameha Highwayat Kaalaea, Koolaupoko, Oahu, Hawaii, and covered by Tax MapKey 4-7-58: portions of 3, 4 and 5.

Beginning at the northwesterly corner of this parcel of landon the southerly side of Wailehua Road, being also thenortheasterly corner of Lot 2 (Map 5) of Land Court Applica-tion 1594, the coordinates of said point of beginning referredto Government Survey Triangulation "PUU KAUAI" being 4,176.45feet south and 1,754.87 feet east and running by azimuthsmeasured clockwise from true south:

1. 257° 10' 132.26 feet along the southerly sideof Wailehua Road;

Thence along a curve to the right with a radius of 30.00 feet,the chord azimuth and distance being:2. 304° 55' 39" 44.42 feet along the southerly side

of Wailehua Road;

Thence along a curve to the left with a radius of 3,859.00 feet,the chord azimuth and distance being:3. 351° 35' 34" 147.57 feet along the easterly side

of Kamehameha Highway;

4. 77° 10' 70.44 feet along Lot Q-2 (Map 2) ofLand Court Application 1594;

5. 169° 16' 120.25 feet along the remainders ofLots Q-1-E, Q-1-D and Q-1-C(Map 4) of Land Court Application1594;

Thence along a curve to the left with a radius of 50.00 feet,the chord azimuth and distance being:6. 123° 13' 71.99 feet along the remainder of

Lot Q-1-C (Map 4) of Land CourtApplication 1594;

80-25

7. 77° 10' 34.72 feet along the remainder ofLot Q-1-C (Map 4) of Land CourtApplication 1594;

8. 167° 10' 8.00 feet along Lot 2 (Map 5) of LandCourt Application 1594 to thepoint of beginning and containingan area of 14,320 square feetmore or less;

as shown on the map attached hereto, marked Exhibit "A" and by referencemade a part hereof.



FEBRUARY 7, 1980

Honolulu, Hawall . Councilmembers



Approved this 13th day of May , 1980.

*FRANK F. FAS ayor/ City and County of Honolulu

-2-

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r†pp/kon·/.· Me/arf , Inc.re,way /-ey; ŸÅg"°°Å'ÎsŸon " cfŠco"uncily ak/c //es/·7nÿ II, 37,9 272eggePrepared ßy : Depsefrnen/ of ¿ano' //////jaNon

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o,,, x.... 8O 45¿Y .Da7 -: MAY 13, 1980

[PU)

ORDINANCE NO. 80 -26 BILL NO. . 18 (1980)(Draft No. 2)

A BILL FOR AN ORDINANCE TO AMEND ARTICLE 5 OF CKAPTER 12,REVISED ORDINANCES OF HONOLULU 1969, AS AMENDED, RELATINGTO PEDICABS.


SECTION 1. Article 5 of Chapter 12, RO 1969, is herebyamended in the following respects:

a. Section 12-5.l(j) is hereby amended to read asfollows:

(j) "Waiting Time" shall mean and includethe period during which:a pedicab is standing atthe direction of or on behalf of a passenger forhire and the time consumed due to tr.affic delayswhile transporting a passenger for hire [whichtime is automatically computed by the authorizedtime measuring device].

b. Section 12-5.5 is hereby amended to read asfollows:

Sec. 12-5.5. Evidence Of Financial Responsibility.

The Director of Finance shall require evidenceof financial responsibility from the owner and/oroperator of the pedicab for hire before issuing a

business license and decal to engage in a pedicabfor hire. The owner and/or operator shall haveinsurance in force or other evidence of financialresponsibility so long as the pedicab is used inbusiness.

Such evidence of financial responsibility maybe in one of the following two methods:

(a) Insurance Policy.

The Director of Finance shall retain theoriginal insurance policy issued by a companylicensed to do business in the State of Hawaii.The policy shall be duly countersigned by itsauthorized Hawaii agent complete with all en-dorsements and attachments or a certified copythereof. Such policy shall provide for primarypublic liability insurance coverage in the amountof ONE HUNDRED THOUSAND DOLLARS ($100,000.00)because of bodily injury to or death of oneperson in any accident, and in the amount of

TWO HUNDRED THOUSAND DOLLARS ($200,000.00)because of bodily injury to or death of twoor more persons in any one accident, andproperty damage insurance in the amount ofTWENTY THOUSAND DOLLARS ($20,000.00) becauseof damage to or destruction of property ofothers in any one accident for each pedicabfor hire. All policies shall be on a fiscalyear basis ending on June 30 of each year.Insurance policies on vehicles regulatedunder this article shall contain a provisionthat the policy will not be reduced in cover-age or cancelled without thirty calendar daysprior written notice to the Director of Financeby the authorized Hawaii agent for the insurancecompany.

[The Director of Finance shall revoke thebusiness license and license decal of the pedicabif the insurance coverage required above is re-duced or cancelled by the owner and/or operatorand not immediately replaced by securities de-scribed in item (lb) below.]

(b) Legal Tender or Other Securities.

A deposit with the Director of Finance oflegal tender, cashier's check, bank draft, irrev-ocable letter of credit, certified check, bond orother security determined to be satisfactory bythe Director of Finance in the total amount ofTWO HUNDRED THOUSAND DOLLARS ($200,000.00). Suchsecurity shall be held by and made payable tx> theDirector of Finance and shall not expire for a

period of two (2) years after the termination ofthe business license for the secured pedicabcarrying passengers or property for hire. Thelicensee shall not receive interest for suchdeposit. Upon expiration of such two-year period,the licensee shall be refunded the deposit or bal-ance thereof, provided no suit against the proceedsof such security has been commenced-during such period.The conditions of liability for the security in thissubsection shall be the same asspecified for policy of insurance contained hereinabove.The Director of Finance shall satisfyfrom the proceeds of such security any judgmentagainst the licensee and/or operator arising fromthe operation of a pedicab for hire. Neither theCity, its officers, employees, agents or appointeesshall be liable to the licensee and/or operatorfor any payments made pursuant to such judgment.

-2-

80-26

(c) Revocation of Business License andLicense Decal.

If at any time after the issuance of thebusiness license and license decal:

(1) the required insurance coverageis reduced or cancelled and the licenseefails to immediately replace such coveragewith the securities described in (b); or

(2) the security deposited with theDirector of Finance falls below the requiredamount as a result of claims satisfied againstthe licensee and said licensee fails to im-mediately replenish the proceeds of suchsecurity to the required amount,

the Director of Finance shall revoke or suspendthe business license and license decal. Such revoca-tion shall be done in accordance with the provisionsoÊ Section 12-5.13(a) hereof.

c. Section 12-5.6 is hereby amended to read asfollows:

Sec. 12-5.6. Certificate For Pedicab Operator ForHire.

(a) No operator of a pedicab shall use orcause to be used, for purpose of hire, a pedicabwhich does not have [a] an operator's certificatevisib'le from within and from outside the cab[mounted within the cab within 12 inches of thetime measuring device required by another sectionof.this ordinance so that it is readily visible toall passengers]. The certificate for operator ofa pedicab for hire shall be issued by the [Chiefof Police] Director of Finance. It shall.containa photograph of the operator to be furnished by[him] the operator, [his] the operator's name,social security number, alien registration numberand any other information specified by the (Chiefof Police] Director of Finance. The operator'scertificate shall be laminated in plastic or soconstructed so as to make alteration difficult. '

The photograph shall be unretouched and must showa reasonable likeness of the operator. It shallbe a violation of this ordinance for any person toalter such operator's certificate.

(:b) The [Chief of Police] Director ofFinance shall collect a fee of TEN DOLLARS ($10.00)for the issuance of each original operator's

-3-

so-2e

certificate and ONE DOLLAR ($1.00) for eachduplicate operator's certificate which willauthorize the parking of one pedicab in oneauthorized sidewalk pedicab stand and in one[-third of al road pedicab stand. The sumscollected shall be deposited in the General Fund.(c) -No certificate for an operator of apedicab shall be issued to any person unless he has:

(1) Satisfactorily passed an examinationshowing:

(i) A sufficient understanding of thetraffic laws or ordinances of the City andCounty of Honolulu, and this ordinance.

(ii) A sufficient understanding of thelocations of streets, roads, and highwayswithin the City and County of Honolulu.

(iii) A sufficient understanding of theEnglish language by successfully completingthis examination.(2) Complied with the standards promulgated

by the [Chief of Police] Director of Finance re-lating to moral character and physical fitnessof the applicant based on prior records or cer-tified documents relative thereto.

The [Chief of Police] Director of Finance shall furnishevery pedicab operator a copy of this ordinance andany other pertinent laws, rules and regulations forinformation and guidance. The cost shall be includedin the Ten Dollar operator's certificate fee.

(d) Every pedicab operator's certificate issuedunder this section shall expire, unless otherwiserevoked, one (1) year after the issuance thereof andshall be renewed on or before its expiration date uponmeeting the standards set in Section 12-5.6(c) herein-above, to determine the fitness of the applicant tocontinue as a pedicab operator for hire by the (Chiefof Police] Director of Finance. A new set of unre-touched photographs showing a reasonable likeness ofthe operator shall be furnished with each applicationfor renewal.

(e) Whenever the operator's certificate of anypedicab operator is suspended or revoked, the [Chiefof Police] Director of Finance shall require that thepedicab operator's certificate be surrendered to and

-4-

8O •« G

be retained by the [Chief of Police] Director ofFinance except that at the end of the period of sus-pension the certificate so surrendered shall be re-turned to the licensee.d. Section 12-5.8(g) is hereby meended to read as

follows:

(g) Pedicabs shall not be operated side byside to or abreast of each other at any time, exceptwhen passing.

e. Section 12-5.9 is hereby amended to read asfollows:

Sec. 12-5.9. Fares.

(a) Time Charges.

Any driver, owner, o.r operator of a pedicab orpedicab stand may charge or cause to be charged,any fare for the use of a pedicab, for purposes ofhire on an elapsed time basis provided that allfares shall be posted and be visible from withinand from outside the cab [prominently displayedboth outside and inside each pedicab] for hire inorder that any potential passenger for hire may beaware of the fares before a commitment is made tohire the pedicab. Specific information on thesubject matter is contained hereinbelow.

(b) Flat Fees and Tours.

As an alternative, a passenger for hire may begiven a choice of tours instead of time chargesbut the passenger shall be informed of whichalternative the passenger will be charged for,before the trip is started.

A scale map showing the exact route oritinerary of each tour shall be provided to eachpotential passenger for hire by the pedicaboperator. The pedicab operator may demand thereturn of the map at the end of the tour.

Signs indicating the current fare to becharged for time 'and optional tours shall be inEnglish and Japanese and shall be posted and bevisible from within and from outside the cab[outside and in the cab at all times to pas-sengers for hire). At the top of each signshowing fares shall be the statement: "Thesefares are no_t regulated by the Government" inbold type letters not less than 1/2 of an inchin height in a contrasting color from that usedin the fares schedule. During all hours when

-5-

8O -26

vehicles are required to be lighted, the signsshall also be readily discernible to the pas-sengers for hire. The aforesaid schedule offares shall be printed in bold type letters, notless than 3/8 inch in height.

Fares are only applicable to the use of thepedicab when actually occupied 1 7 or standing atthe direction of the passenger for hire or whenoccupied by parcels or baggage transported forhire. No other charges shall be made for the useof a pedicab for hire except as provided herein.

The collection of any charge may,'at theoption of the pedicab operator, be reduced orwaived.

f. Section 12-5.10 is hereby emended to read asfollows:

Sec. 12-5.10. Establishment Of Road Pedicab Stands.

The City Council shall establish road pedicabstands on public streets and City-controlledfacilities upon recommendation of the Director ofTransportation Services. The Director of Transpor-tation Services shall study and recommend to theCity Council the site placement of such stands. The[Chief of Police] Director of Finance shall issuepedicab operator certificates under another sectionof this article which will automatically includepedicab stand permits. The fees for such pedicabstand permits shall be established pursuant to law.

g. Section 12-5.12 is hereby amended to read asfollows:

Sec. 12-5.12. Condition Of Pedicabs For Hire.

No vehicle shall be operated as a pedicab forhire unless it is in a reasonably clean and safecondition inside, as well as externally, so as notto injure or damage the person, clothing or pos-sessions of a passenger. The vehicleis exteriorshall be reasonably clean and shall be essentiallyfree from cracks, breaks and major dents. It shallbe painted to provide adequate protection and aneat and clean appearance. Repairs done to complywith this section shall be done within a reasonbletime based on availability of parts and labor.Every pedicab while on a public street shall carrya battery or generator operated headlight andtail light.and shall carry spoke reflectors placedon each wheel and tape type reflectors showing the

· front and the back width of the vehicle.

80-en

h. Section 12-5.13 is hereby amended to read asfollows:

Sec. 12-5.13 Authority Of [Chief Of Police] DirectorOf Finance.

(a) Denial, Suspension or Revocation of PedicabOperator's Certificate or Business License and LicenseDecal.

The [Chief of Police] Director of Finance is,authorized to.deny initial issuance or renewal or

suspend or revoke any certificate for a pedicab oper-ator for hire and to suspend or revoke any businesslicense and license decal if an applicant cannotmeet the requirements set forth in this [ordinance]article, or an operator violates any of the provi-sions contained in this article. [July .applicant oroperator of a pedicab] In the case of suspensionor revocation of a certificate or business licenseand license decal by the Director of Finance, thepedicab operator shall be afforded notice and anopportunity for a hearing [if a certificate isdenied, suspended, or revoked by the Chief ofPolice] prior to the suspension or revocation,pursuant to the provisions of Chapter 91, HawaiiRevised Statutes.

(b) Rule Making Powers.

The [Chief of Police} Director of Finance isauthorized to promulgate any rules or regulationsnot inconsistent with this ordinance, having theforce and effect of law, as provided for in Chapter91, HRS, in the administration and enforcement ofthis ordinance.i. Section 12-5.18 is hereby amended to read as

follows:

[Sec. 12-5.18. Appeals.

(a) An applicant whose application for eithera business license or operator's certificate for pedi-cab for hire has been denied, revoked, or suspendedby the Director of Finance and/or the Chief of Policemay file within 30 days after receipt of said revoca-tion, suspension or denial, an appeal for a hearingwith the Director of Finance and/or Chief of Policeor their authorized representatives. The appeal shallbe effected by filling out the notice of appeal in aform prescribed by the respective departments.

-7-

80-ze

(b) Within 20 working days from the filing ofsuch notice of appeal, the Director of Finance, <n: theChief of Police.or their respective appointed hearingsofficer shall conduct a hearing at which the appellant

shall be entitled to be heard in person or throughcounsel and shall be given a full and fair opportunityto present any fact showing the reason why the denial

was in error.The Director of Finance, the Chief of Police or

their respective appointed hearings officer shall havethe power to affirm, reverse, or modify the decision ofhis departmental staff based upon findings of fact whichjustify his decision. This decision shall be construedto be the final decision of the City.

The hearing shall be conducted in conformity withthe applicable provisions of HRS Chapter 91.]

Sec. 12-5.18. Notice Of Suspension, Revocation OrDenial Of Business License Or Operator'sCertificate Or Denial Of An Application.

(a) Notice of intent to suspend or revoke pedicaboperator's certificate or business license and licensedecal and denial of application for same. The Directorof Finance shall issue and personally serve upon a

licensee, permittee or applicant (hereinafter referredto as "appropriate party") if he is a resident of thisCity, a notice of intent to suspend, revoke or deny a

business license or operator's.certificate and licensedecal (hereinafter referred to as "business documents")before he shall take any of the foregoing action untiland unless the appropriate party has been granted a

hearing unless the appropriate party waives such hear-ing. If the appropriate party waives his right orprivilege for a hearing, the Director of Finance mayissue in writing an appropriate decision and order.

(b) Service of notice. The foreçoing notice.willbe personally served upon the appropriate party if he isa resident of this City or upon his designated subordinateor agent. If the appropriate party is not a resident ofthis City, the Director of Finance shall deliver suchnotice by certified mail to the appropriate party'slast known address.

(c) Request for hearing. The appropriate partywho has.received a notice of intent as prescribed inSubsection (a) hereof shall, if he desires a hearing,affix his signature as designated on the copy and havesame returned to the Director of Finance either throughthe process server or by certified mail.

-8-

(d) Notice of date of hearing. Whenever theappropriate party requests a hearing, the Directorof Finance shall issue a notice of the date of suchhearing to the appropriate party, and such hearingshall be held no later than twenty (20) working daysafter the Director of Finance has received the requestfor hearing from the appropriate party.

(e) Procedure for hearing. Any hearing conductedhereunder shall be pursuant to rules and regulationspromulgated under HRS Chapter 91. Such hearing may beconducted by and before a panel consisting of three (3)officers of the executive branch who shall be appointedby the Mayor.

(f) Panel to suspend, revoke or deny businessdocuments. After the panel has conducted a hearing,it may rule either in favor or against the action tobe taken by the Director of Finance and if its deci-sion is adverse to the appropriate party, it shall bein writing or stated in the record and shall be accom-panied by separate findings of fact and conclusions oflaw.

(g) Judicial review. Any person aggrieved bythe final decision and order of the panel may appealsame to the Circuit Court as provided in HRS Section91-14.

SECTION 2. Paragraph (d) of Section 3 of OrdinanceNo. 78-74, RO 1969, as amended, is hereby amended to readas follows:

(d) Testing for operator's certificate as wellas provision for suspension/revocation of subjectcertificate by the [Chief of Police] Director ofFinance shall be effective upon the promulgation ofstandards and appropriate rules and regulations, butin no event later than 120 days from the effectivedate of this ordinance.SECTION 3. Ordinance material to be repealed isbracketed. New material is underscored. When revising,compiling or printing this Ordinance for inclusion in theRevised Ordinances of Honolulu, the Corporation Counsel neednot include the brackets, the bracketed material or theunderscoring.

80•26



FEBRUARY 7, 1980Honolulu, HawaiiAPPROVED AS TO FORM

AND LEGALITY:


APPROVED this 13th day ofMay , 1980.

FRANK F.- FASI, ayor

-10-

80•

(PTs)ORDINANCE No. 80•27 BILL NO. $Ñ (1980)

(Draft No. 1)

A BILL FOR AN ORDINANCE TO AMEND CHAPTER 28, R. O. 1969,AS AMENDED, RELATING TO PUBLIC TRANSIT SYSTEM.


SECTION l. Section 28-3.1, R.,0. 1969, as amended, ishereby further amended by adding a new subsection (c) to.readat follows:

(c) Using or playing radios or recordingplayback devices; provided, however, that theymay be used if an earphone or earplug is utilized.


DATE OF INTRODUCTION:MARCH 19, 1980

Honolulu, Hawaii


Councilmembers


APPROVED this 13th day ofMay , 1980.

FRANK F. FASI, ayor

Reference UbraAm. a/G fri .

gunici at

Ord so (2D)ORDINANCE No. 80-28 BILL NO. 56 1979)

(DRAFT NO. l)

A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO.. 3947 AS AMENDED BYORDINANCE NOS. 77-60 AND 78-90, HISTORIC, CULTURAL AND SCENICDISTRICT NO. 1, THE HAWAII CAPITAL DISTRICT, BY AMENDING EXHIBITS ATHROUGH E THEREOF.


SECTION I. Exhibits A through E of the Hawaii CapitalDistrict ordinance are hereby amended in accordance with therevised Exhibits .A through E attached and incorporated as a parthereof.

SECTION II. This ordinance shall take effect upon itsapproval.

IN RODUCED BY:

Councilmembers

DATE OF INTRODUCTION:JUNE 5, 1979

Honolulu, Hawaii



APPROVED this 2nd day of.npp

,ÀÉÑ$i• 1980

FRANK F. FASI, Ma rCity and County of Honolulu

80-28'

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EFF DATE 6/2/80 Ord.8

I

savaishee Church and Grounds2 Motre senoel Wouse3 t,anaatto neueolene Itoebt4 Nehmaaneo's soilding State (Territoriall5 xaps.atue building6 Note Auhan 15tate Tem OfficalI Famehameha i Statuei Altiteleni Male I.ludictory Buildikt)9 U.S. Poet offtee frederal Sailding)* 10 Wawastan tjectric intiding .11 Nonelein sole and Grounde13 isteolon Memortal Building Annes13 nonointe Nete Annen tutanton numerial asilding and Auditoritant14 talens Pelece end Groundeil rulent satserks14 Brayal auraal Cround sad Fenes17 Cotonation Sand Stand seen e eli taptain tooke memortet Tablet19 ful A and Ground•

\ 30e r e Building FAttorney General's Building) Û 00

32 Novell State Library21 $tate <agnitel and Genundeli Ateed Servt¢¢e f¾rA and Grounde21 St. Andrew's fatheatet16 wombington Place and Grounde37 Nieston nousesit Alone inwet29 Imisteration muilding10 acord of wetet supply Building11 sn¢st atevery

HISTORICALLY SIGNIFICANT PLACES

HAWAII CAPITAL DISTRICTORDINANCE NNSCALE

600 00o EXHIBITB

ORD, 80 -28'

EFFDATE 6/2/80 gm.OVd.

am

HOTEL S ET

TEM

'. SETBA

BUILDING SETBACKS, VISTAS,AND STREET PATTERN

bHAWAII CAPITAL DISTRICT *

OR DINAN CE "FL, Ofick looo EXH BIT CORD. NO. 80 -28

EFE D 6/2/80

re a

EXIST1NG TREES GENERAL MASS

e es PROPOSED TREES GENERAL LOCATioN

OVERALL LANDSCAPE PLANL.

HAWAII CAPITAL DISTRICTORDINANCE N

SCALE 600 000 EXIltBIT Doso 9080-28EFF Dan 6/2/80 Am.

orr

IMIS EXISTING Bl.DGa TO BE AETANIO

Mlllii MSTORIC BLDGS. TO BE AETAINED

OTHER EXISTING BLDOS.

THE HISTORIC PRECINCT PLAN

HAWAII CAPITAL DISTRICTORDINANCE NNSCALE

600 000 EXIlli31TEoso. so 80-28' L.4EFF DATE 6/2/80 Ord ½

(Leg)ORDINANCE NO. 80-29' BILL NO. ÍÛ (1919)

(Draft No. 1)

A BILL FOR AN ORDINANCE TO AMEND THE REVISED ORDINANCES OF HONOLULU

1969, AS AMENDED, BY ADDITION OF A NEW ARTICLE I TO TITLE II RELATINGTO LEGISLATIVE HEARINGS AND PROCEDURE.


SECTION 1. The Revised Ordinances of Honolulu 1969, as amended,is hereby further amended by adding thereto a new Article 1 to TitleII to read as follows:

Title II

Legislative Branch

Article 1,

Legislative Hearings and Procedure

Section 2-1.1 Purpose. The purpose of this chapter is toestablish procedures governing legislative investigatingcommittees to provide for the creation and operation oflegislative investigating committees in a manner which willenable them to perform properly the powers and duties vestedin them, including the conduct of hearings, in a fair andimpartial manner, consistent with protection of the consti-tutional rights of persons called to testify at such hearingsand preservation of the public good.

Section 2-1.2. Definitions. As used in this chapter:(1) "Investigating.committee" means any of the following

which are authorized to compel the attendance andtestimony of witnesses or the production of books,records, papers, and documents for the purpose ofsecuring information on a specific subject-for theuse of the City Council:(A) A standing committee; (B) a special committee; or

(C) a committee of the whole of the City Council;

(2) "Hearing" means any meeting in the course of an in-vestigatory proceeding, other than a preliminary con-ference or interview at which no testimony is takenunder oath, conducted by an investigating committeefor the purpose of taking testimony or receiving otherevidence. A hearing may be open to the public orclosed to the public in conformance with Section 92-5of the Hawaii Revised Statutes.

(OCS/041879/LC)

80-27

(3) "Public hearing" means any hearing open to the public,or the proceedings of which are made available to thepublic.

Section 2-1.3. Establishment of investigating committees.

(a) An investigating committee may exercise its powerspursuant to Section 3-121 of the Revised Charter ofHonolulu or by Council resolution by which the committeewas established or from which it derives its investi-gatory powers.

(b) The resolution establishing an investigating com-mittee shall state the committee's purposes, powers,duties and duration (when ascertainable), the subjectmatter and scope of its investigatory authority, andthe number of its members.

Section 2-1.4. Finances and staff. Each investigatingcommittee may employ such professional, technical, clerical,or other personnel as necessary for the proper performanceof its duties, to the extent of funds made available to itfor such purpose and subject to such restrictions and pro-cedures relating thereto as may be provided by law or any -applicable rules or procedures of the City.Council.

Section 2-1.5. Membership, quorum, voting.(a) An investigating committee shall consist of not less than

five members.

(b) A quorum shall consist of a majority of the total authorizedmembership of the committee.

(c) No action shall be taken by a committee at any meetingunless a quorum is present. The committee may act by amajority vote of the members present and voting at ameeting at which there is a quorum.

Section 2-1.6. Hearings.(a) An investigating committee may hold hearings appro-

priate for the performance of its duties, at such timesand places as the committee determines.

(b) Each member of the committee shall be given at leastthree days written notice of any hearing to be held.The notices shall include a statement of the subjectmatter of the hearing. A hearing, and any action takenat a hearing, shall not be deemed invalid solely be-cause notice of the hearing was not given in accordancewith this requirement.

(c) Any investigating committee shall not conduct a hearingunless a quorum is present.

(OCS/041879/LC)- 2 -

80-23'

Section 2-1.7. Issuance of subpoenas.

(a) The presiding officer of either the City Councii or anycommittee of the Council, as the case may be, may issuesubpoenas requiring the attendance of witnesses andsubpoenas duces tecum requiring the production of books,documents, or other evidence, in any matter pendingbefore either the Council or committee, as the case may

be.

(b) Every investigating committee may issue, by majorityvote of all its members, subpoenas requiring theattendance of witnesses and subpoenas duces tecumrequiring the production of books, documents, or otherevidence, in any matter pending before the committee.

(c) Any subpoena issued under the authority of the CityCouncil or its authorized committee shall run in thename of the City and County of Honolulu and shall beaddressed to any or all of the following officers:the sergeant-at-arms or bailiff of the City Council;the sheriff or his deputies; the chief of police ofany county or his deputies; any police officer of theState or any county. The subpoena shall be signed bythe officer authorized to issue it, shall set forthhis official title, shall contain a reference to RCH

Section 3-121 or resolution, or other means, by whichthe taking of testimony or other evidence was authorized,and shall, in the case of a summons or subpoena, setforth in general terms the matter or question withreference to which the testimony or other evidence isto be taken.

(d) Any officer to whom such process is directed, if withinhis territorial jurisdiction, shall forthwith serve orexecute the same upon delivery thereof to him withoutcharge or compensation, except in the case of thesheriff or his deputies where the Council shall pay thecustomary service fee plus the mileage expenses.

Section 2-1.8. Notice to witnesses.

(a) Service of a subpoena requiring the.attendance of a

person at a hearing of an investigating committee shallbe made at least five days prior to the date of thehearing unless a shorter period of time is authorizedby majority vote of all the members of the committeein a particular instance when, in their opinion, thegiving of five days notice is not practicable; but ifa shorter period of time is authorized, the person sub-poenaed shall be given reasonable notice of the hearing,consistent with the particular circumstances involved.

(OCS/041879/LC)

- 3 -

80 -28'

I

(b) Any person who is served with a subpoena to attend ahearing of an investigating committee also shall beserved with a copy of the resolution or the Charterprovision establishing the committee, a copy of theordinance under which the committee functions, a generalstatement informing him of the subject matter of thecommittee's investigation or inquiry, and a notice thathe may be accompanied at the hearing by counsel of hisown choosing.

Section 2-1.9. Conduct of hearing.(a) All hearings of an investigating committee shall be

public unless the committee, by two-thirds vote of allits members, determines that a hearing should not beopen to the public in a particular instance.

(b) The chairman of an investigating committee, if presentand able to act, shall preside at all hearings of thecommittee and shall conduct the examination of witnesseshimself or supervise examination by other members ofthe committee, the committee's counsel, or members ofthe committee's staff who are so authorized. In thechairman's absence or disability, the vice-chairmanshall serve as presiding officer. In the absence ordisability of both the chairman and the vice-chairman,an acting chairman shall be selected from among theremaining members of the committee.

Section 2-1.10. Right to counsel and submission of questions.(a) Every witness at a hearing of an investigating committee

may be accompanied by counsel of his own choosing, whomay advise the witness as to his rights, subject toreasonable limitations which the committee may prescribeto prevent obstruction of or interference with theorderly conduct of the hearing.

Ob) Any witness at a hearing, or his counsel, may submit tothe committee proposed questions to be asked of thewitness or any other witness relevant to the mattersupon which there has been any questioning or submissionof evidence, and the committee shall ask such of thequestions as are appropriate to the subject matter ofthe hearing.

Section 2-1.11. Testimony.(a) An investigating committee shall cause a record to be

made of all proceedings in which testimony or otherevidence is demanded or adduced, which record shallinclude rulings of the chair, questions of the com-mittee and its staff, the testimony or responses ofwitnesses, sworn written statements submitted to the ,committee, and such other matters as the committeeor its chairman may direct.

(OCS/041879/LC)

80 -28

(b) All testimony given or adduced at a hearing shall beunder oath or affirmation unless the requirement isdispensed within a particular instance by majorityvote of the committee members present at the hearing.

(c) The presiding officer of either the City Council orof an investigating committee may administer an oathor affirmation to.a witness at a hearing of suchcommittee.

(d) The presiding officer at a hearing may direct a witnessto answer any relevant question or furnish any relevantbook, paper, or other document, the production of whichhas been required by subpoena duces tecum. Unless thedirection is overruled by majority vote of the committeemembers present, disobedience shall constitute a contempt.The proper court, upon request of the Council, shall havepower to compel obedience to any process of the Counciland require such witness to answer questions put to himas aforesaid and to punish as contempt of the court, anyrefusal to comply therewith without good cause showntherefor.

(e) A witness at a hearing or his counsel, with theconsent of a majority of the committee members presentat the hearing, may file with the committee for in-corporation into the record of the hearing swornwritten statements relevant to the purpose, subjectmatter, and scope of the committee's investigationor inquiry.

(f) A witness at a hearing, upon his advance request andat his own expense, shall be furnished a certifiedtranscript of his testimony at the hearing.

(g) Testimony and other evidence given or adduced at ahearing closed to the public shall not be made publicunless authorized by majority vote of all of the membersof the committee, which authorization shall also specifythe form and manner in which the testimony or otherevidence may be released.

(h) All information of a defamatory or highly prejudicialnature received by or for the committee other than inan open or closed hearing shall be deemed to be confi-dential. No such information shall be made publicunless authorized by majority vote of all of the membersof the committee for legislative purposes, or unlessits use is required for judicial purposes.

(OCS/041879/LC)

- 5 -

80-28?

Section 2-1.12. Interested persons.(a) Any person whose name is mentioned or who is other-wise identified during a hearing of an investigatingcommittee and who, in the opinion of the committee,

may be adversely affected thereby, may, upon his requestor upon the request of any member of the committee,appear personally before the committee and testifyin his own behalf, or with the committee's consent,file a sworn written statement of facts or other docu-mentary evidence for incorporation into the record ofthe hearing.

(b) Upon the consent of a majority of its members, an in-vestigating committee may permit any other person toappear and testify at a hearing or submit a sworn writtenstatement of facts or other documentary evidence forincorporation into the record thereof. No request toappear, appearance, or submission of evidence shalllimit in any way the investigating committee's powerof subpoena.

(c) Imy person who appears before an investigating committeepursuant to this section shall have all the rights,privileges, and responsibilities of a witness providedby this chapter.

Section 2-1.13. Contempt.(a) A person shall be in contempt if he:

(1) Fails or refuses to appear in compliance with asubpoena or, having appeared, fails or refuses totestify or, having appeared, fails or refuses totestify under oath or affirmation;

(2) Fails or refuses to answer any relevant questionor fails or refuses to furnish any relevant book,paper, or other document subpoenaed by or on behalfof an investigating committee; or(3) Commits any other act or offense against an investi-gating committee which, if committed against the

City Council, would constitute a contempt.Section 2-1.14. Penalties.

[a) A person guilty of contempt under this chapter shall befined not more than $1,000 or imprisoned not more thanone year or both. Prosecutions in such cases shall beas provided by law for the prosecution of misdemeanors.

(OCS/041879/LC)

- 6 -

so-as

(:b) If any investigating committee fails in any materialrespect to comply with the requirements of this chapter,any person subject to a subpoena or a subpoena ducestecum who is injured by the failure shall l>a relievedof any requirement to attend the hearing for which thesubpoena was issued or, if present, to testify or produceevidence therein; and the failure shall be a completedefense in any proceeding against the person for contemptor other punishment.

(c) Any person other than the witness concerned or hiscounsel who violates subsection 2.1-11(g) or (h)shall be fined not more than $500 or imprisoned notmore than six months, or both. The Corporation.Counselor special counsel for the City Council, depending uponthe discretionary judgment of the City Council on hisown motion or on the application of any person claimingto have been injured or prejudiced by an unauthorizeddisclosure may institute proceedings for trial of theissue and imposition of the penalties provided herein.Nothing in this subsection shall limit any power whichthe City Council may have to discipline a member oremployee or to impose a penalty in the absence ofaction by a prosecuting officer or court.

Section 2-1.15. Government officer and employees to cooperate.The officers and employees of the State and of each countyshall cooperate with any investigating committee or committeesor with their representatives and furnish to them or to theirrepresentatives such information as may be called for inconnection with the investigative and research activities ofthe committees.

Section 2-1.16. Limitation.

Nothing contained in this chapter shall be construed to limitor prohibit the acquisition of evidence or information by aninvestigating committee by any lawful means not providedfor herein.SECTION 2. This ordinance shall take effect upon its approval.

INTRODUCED BY:DATE OF INTRODUCTION:NOVEMBER 28, 1979

yHonolulu, HawaiiAPPROVED AS TO FORM & LEGALITY:

De y Corporation CounselAPPROVED this 2nd day of

June, 1980.

FRANK F. FASI, MayorCity and County of Honolulu Councilmembers(OCS/041879/LC)

. y

(CC)ORDINANCE NO. 80-30 BILL NO. (19 80 )

(Draft No. 1)

A BILL FOR AN ORDINANCE RELATING TO CLEANING AND MAINTENANCEOF SIDEWALKS AND GUTTERS.

BE IT,0RDAINED by the People of the City and County of Honolulu:SECTION 1. Section 20-5.1, Revised Ordinances of

Honolulu 1969, as amended, relating to cleaning sidewalks,is hereby further amended to read:

Sec. 20-5.1. Cleaning Of Sidewalks.Every property owner whose land abuts or

adjoins a public street shall continually maintain,and keep clean, passable and free from weeds andnoxious growths, the sidewalk and gutter area whichabuts or adjoins his property. The term 'sidewalk'as used herein, shall mean that portion of a streetbetween a curb line or the pavement of a roadway,and the adjacent property line intended for theuse of pedestrians, including any setback area ac-quired by the City for road widening purposes.The term 'gutter' as used herein, shall mean thatpaved portion of a roadway immediately adjacentto the curb or that portion of the roadway in concreteand 12 to 14 inches wide immediately adjacent to thecurb.

SECTION 2. New material is underscored. When revising,compiling or printing this Ordinance for inclusion in theRevised Ordinances of Honolulu, the Corporation Counselneed not include the underscoring.

SECTION 3. This Ordinance shall take effect upon itsapproval.IN DUCED BY:

DATE OF INTRODUCTION: "

FEBRUARY 7, 1980 " "C '

Honolulu, HawaiiAPPROVED AS TO FORM

AND LEGALITY:


APPROVED this 2nd day ofJune , 198_0.

FRANK F. ASI, Mayor Councilmembers

80-30

(ZD)ORDINANCE NO. 80-31 BILL NO. (1980)

(DRAFT NO. 1)

A BILL FOR AN ORDINANCE TO AMEND EXHIBIT "A" OF ORDINANCENO. 4573 AND ORDINANCE NO. 79-3, AS AMENDED, TO REVISE THEBOUNDARY OF ONE OF THE APARTMENT USE PRECINCTS IN WAIKIKISPECIAL DESIGN DISTRICT.


SECTION I. Exhibit A of Ordinance No. 4573 and OrdinanceNo. 79-3, the Waikiki Special Design District Use Precincts,is hereby amended as shown on maps attached to this ordinance.



APRIL 9, 1980

Honolulu, Hawaii Councilmembers


De¢ ty Corporation Counsel

Approved this 2nd day of June , 1980.

FRANK F. FASI, Ma orCity and County of Honolulu

80-31

HOTEL PRECINCT RESORT HOTEL PRE LNCT

roer or aussv

en, PusttC PRECINCTWAIKIKI SPECIAL DESIGN DISTRICT

PUBLIC soo"' PREC1NCT .

H ITEC

NCTS

NORTH

LEGEND

-•-- WAIKlWI $PECIAt, DESIGN CISTRICT 80DNDARY

---- USE PRECINCY DOUNDAAY

REVISED ORDINANCE EFFECTlVEDATE•6/2/80

REVISED ORD1NANCE No. 79-3 EFFECTIVE DATEI 2/8/79

ORDINANCE NO. 4573 EFFECYtVE DATE: 4 /l 776

(ZD)

ORDINANCE NO. 80 -32 BILL NO. (1980)(DRAFT No. 1)

A BILL FOR AN ORDINANCE TO REZONE A PORTION OF EXISTING A-4APARTMENT DISTRICT "H" SITUATED AT KAPAHULU, HONOLULU, OAHU,HAWAII, TO B-2 COMMUNITY BUSINESS DISTRICT NO. 404.


SECTION I. A portion of existing A-4 Apartment District"H" situated at Kapahulu, Honolulu, Oahu, Hawaii, hereinafterdescribed, is hereby rezoned to B-2 Community BusinessDistrict No. 404. The boundaries of said B-2 CommunityBusiness District No. 404 shall be described as follows:

Being a portion of Lot 37 (Map 3) of Land Court Application921, situated on the mauka side of Kaimuki Avenue andapproximately 130 feet ewa of Kapahulu Avenue at Kapahulu,Honolulu, Oahu, Hawaii, and covered by Tax Map Key 2-7-30: portion of 22.

Beginning at the westerly corner of this parcel ofland, being also the southerly corner of Lot 35 (Map 3)of Land Court Application 921, on the northeasterlyside of Kaimuki Avenue and running by azimuths measuredclockwise from true South:

1. 223° 13' 30" 38.47 feet along Lot 35 (Map 3)of Land Court Application921;

2. 11° 54' 30" 45.03 feet along the remainderof Lot 37 (Map 3) ofLand Court Application921;

3. 133° 13' 30" 23.40 feet along the northeasterlyside of Kaimuki Avenueto the point of beginningand containing an areaof 450 square feet moreor less;

as shown on the map attached hereto, marked Exhibit "A" isby reference made a part hereof.

80-32



APRIL 9, 1980

Honolulu, HawaiiAPPROVED AS TO FORMAND LEGALITY:

Dep Corporation Counsel

Approved this 2nd day of June, 1980.


I

I

-2-

80-32

LOT 3G

/ Land Court App.

(Map 3) LOT 36

LOT 33

LOT 37

e 9. LOT 33

t 2 COMMUNITY BUStWESSL \ oisT.No. 404

450 ‡ ti

fti

Pt of bey 3.40133 13' 30 Appro×. 130' to Kapahutu Ave. -

KAIMUKi AVENUE

13-8 COMMUNITY 13USINESS DISTRICT No.404KAPAHULU, HOMOLULU, OAHU, HAhlAl i

Land situated on the mauka side of KaimukiAvenue and appro×imn+e19 130 feet ewa ofKapahulu Avenue.

Applicant: Department of Land U†ill2=†ion

T.x Hap Key E-3-30: portion pf E2Planning Comission City CouncilPublie Henrin<) 3/18/80 4/30/80

Prepared Sty Department of Land UtilizmienCi fy & County of Henelulu

Felder No. · 80/ Z -1

rd Mo. 6 -1

Eff' Dale JUNE 2, 1980 EXHIBIT A

(ZD)ORDINANCE No. 80-33 BII,L NO. 43 (1980)

(DRAFT NO.1)

A BILL FOR AN ORDINANCE TO REZONE A PORTION OF EXISTING B-2COMMUNITY BUSINESS DISTRICT NO. R-354, SITUATED AT MANANA-

UKA, EWA, OAHU, HAWAII, TO R-6 RESIDENTIAL DISTRICT NO.

R-88.


SECTION I. A portion of existing B-2 Community BusinessDistrict No. R-354, situated at Manana-Uka, Ewa, Oahu,Hawaii, hereinafter described, is hereby rezoned to R-6Residential District No. R-88. The boundaries and area ofsaid R-6 Residential District No. R-88 shall be described asfollows:

Being the whole of Lots 947 and 948 (Map 277) of LandCourt Application 1695, situated on the southerlycorner of the intersection of Auhuhu Street and Anini

Place at Manana-Uka, Ewa, Oahu, Hawaii, and covered byTax Map Key 9-7-93: 11 and 18.

Beginning at the northeasterly corner of this parcel ofland on the southerly corner of the intersection ofAuhuhu Street and Anini Place, the coordinates of saidpoint of beginning referred to Government Survey Triangula-tion Station "EWA CHURCH" being 12,154.95 feet North

and 9,576.21 feet East, thence running by azimuthsmeasured clockwise from true South:

1. 297° 56' 57.00 feet along the Southerlyside of Anini Place;

Thence on a curve to the left with a radius of 522.00feet, the chord azimuth and distance being:

2. 295° 30' 30" 35.07 feet along the Southerlyside of Anini Place;

3. 23° 35' 103.00 feet along Lot 775-M(Map 272) of Land Court

Application 1695;

4. 116° 51' 30" 128.97 feet along Lot 775-K(Map 272) of Land CourtApplication 1695;

5. 207° 26' 72.88 feet along the Southeasterlyside of Auhuhu Street;

80 --33

Thence on a curve to the right with a radius of 30.00feet, the chord azimuth and distance being:6. 252° 26' 42.43 feet along the Southerly

corner of the intersectionof Auhuhu Street andAnini Place, to thepoint of beginning andcontaining an area of12,658 square feet moreor less;

as shown on the map attached hereto, marked Exhibit "A" andby reference made a part hereof.SECTION II. This ordinance shall take effect upon itsapproval.


APRIL 9, 1980

.. CouncilmembersHonolulu, HawaiiAPPROVED AS TO FORMAND LEGALITY:

De ty Corporation CounselApproved this 2nd day of ¿qpe , 1980.


-2-

80 -33

tiEn

ras:sose- Ag //144xmy g .5:107 / 'GdXa/r aç7•¿y'

fÆddW Vie

r'

£3/ FNT/sti.. D/drxx Ma de 77,µ 77;-p

la/ 97 Ja/ Wo//G'.CV'.so" - Jaf.97

of 773-

-G £5/A2dWT/ L D/57N/G7° Ha. 4-88A½vytAN -//mt, Emt, dar¿ thww/s.21 s#a:yku' o de em erfÿ mrner of Æ« m/¢rarhan of

wassas sim? ama' ree; ,Jare•.

7tpp/ka.ci: ZrAaa../nvasisk•n/ Œtys7ax M4oKey 9··795.*//anor is . ,

, Plann g Commission Ci4/y3Co/tmcilme,wrara apart.« Ñzes maprancry a2« caney or //oxtylaromer No. so,s e

l 80-33anx ,va.: eo a

¿yy-g/c.• JUNE 2, 1980

omnNCE NO. _S•$ BM NO. ( 0)(Draft No. 2)

AL BILL FOR AN ORDINANCE AMENDING CHAPTER 11, REVISED ORDINANCES OFHONOLULU, 1969, AS AMENDED, RELATING TO SEWERS.


SECTION I. Article 6, Chapter 11, Revised Ordinances ofHonolulu, 1969,.as amended, is further amended in the followingparticulars:

(a) By emending Section 11-6.7, to read as follows:

Section 11-6.7. Industrial Cost Recovery

(a) Each industrial user not excluded that utilizesthe East Mamala Bay System [which consists of SandIsland Sewage Treatment Plant (Phase II), theAla Moana Sewage Pump Station and Force Main, and/orthe Hart Street Sewage Pump Station Modifications], and/or the West Mamala Bay System shall be required torepay its pro-rata portion of the Federal share ofthe cost of constructing each of these facilities.

(b) The annual charges shall become effective upon thecompletion of construction of the respective facili-ties and are shown in the sewer service chargeschedules listed separately in Appendix H.

(.c) The Department shall estimate each industrial user'sannual charges on the basis of its monitored suspendedsolids loadings and its maximum monthly meteredwater usage.

(d) Each industrial user that elects to monitor itswastewater flows will be charged for that portionof the annual capital recovery cost attributableto flow and suspended solids on the basis of itsmaximum monthly metered wastewater flow.

(e) Annual charges for BOD shall not be levied against¯¯¯

industrial users until completion of the East andWest Mamala Bay secondary Treatment Facilities, asapplicable.

SECTION II. Appendix H, Chapter 11, Revised Ordinances ofHonolulu, 1969, as amended is hereby further amended by amendingthe Industrial Cost Recovery Charges as follows:

(OCS/040880/LC)

80-34

Industrial Cost Recovery Charges

Sand Island Sewage Treatment Plant, Phase II

Annual charge per mgd of SADWF of $10,300wastewater discharged.Annual charge per.pound per day of $4.15seasonal suspended solids loading.

New Ala Moana Sewage Pump Station and Force MainAnnual charge-per mgd of SADWF ofwastewater discharged:

Sewage Pump Station $2,279Force Main $3,288

Hart Street Sewage Pump Station Modifications

Annual charge per mgd of SADWF of $ 961wastewater discharged.

Honouliuli Wastewater Treatment Plant, Increment 1

Annual charge per mqd of SADWF of $5,666wastewater discharged.

Honouliuli Wastewater Treatment Plant, Increments 2 and 3

iAnnual charge per myd of SADWF of $2,760wastewater discharged.IAnnual charge per pound per day of $15.52seasonal suspended solids loading.

Barbers Point Ocean Outfall

Annual charge per mqd of SADWF of .$4,494

wastewater discharged.Honouliuli Interceptor, Part A

Annual charge per mgd of SADWF of $ 482Wastewater discharged.

Honouliuli Interceptor, Part B

Annual charge per mgd of SADWF of $1,264wastewater discharged.

Waipahu Sewage Pump Station Modifications


Pearl City Force Main, Section 1


(OCS 040880/LC)- 2 -

80-34

Pearl City Force Main, Section 2

Annual charge -per mqd of SADWF of $8 , 123wastewater.discharged.

Pearl City Sewage Pump Station Modifications


Pacific Palisades Sewage Pump Station


Pacific Palisades Force Main

Annual charge per.mqd of SADWF of $4,308wastewater discharged.

Swa Sewage Pump Station


Ewa Force Main


Ewa Interceptor (West)


Ewa Interceptor (East)


Makakilo Interceptor


SECTION III. Ordinance material to be repealed is bracketed.New material is underscored. When revising, compiling, or print-ing this Ordinance for inclusion in the Revised Ordinances ofHonolulu, the Corporation Counsel need not include the brackets,the bracketed material, or the underscoring.

(OCS/040880/LC)

- 3 -

80-34

SECTION IV. This Ordinance shall take effect upon its approval.

Councilmembers

DATE OF INTRODUCTION:APRIL 9, 1980

Honolulu, HawaiiAPPROVED AS TO FORM & LEGALITY:

D o

APPROVED this 2nd day ofJune

, 1980.

FRANK F. FASI, MayorCity and County of Honolulu.

(OCS/040880/LC)

- 4 -

80-34

(ID)ORDINANCID NO 80 -35 BILL NO. (1980)

(Draft No. 1)

A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. 80-6, RELATING TOIMPROVEMENT DISTRICT NO. 254 - LANIKAI DISTRICT SEWERS, SECTION 2>KAILUA, KOOLAUPOKO, OAHU, HAWAII, JOB NO. S3-79, BY AMENDINGSECTION 3, RELATING TO COST OF AUTHORIZED IMPROVEMENTS.

BE IT ORDAINED by the People of.the City and County of Honolulu:

SECTION 1. Ordinance No. 80-6, Section 3 is hereby amendedto read:

"Section 3. COST OF AUTHORIZED IMPROVEMENTS. That it ishereby.found and declared that the total cost of the authorizedimprovements in said Improvement District, based upon the bidof Highway Construction Co., Ltd., the lowest responsiblebidder for improvements in place complete ($1,872,573.00),and the cost of acquisition of sewer easements and damages,engineering, inspection, advertising, and incidentals($210,000.00) is the total sum of TWO MILLION EIGHTY-TWOTHOUSAND FIVE HUNDRED SEVENTY-THREE AND NO/lOO DOLLARS($2,082,573.00); that of this total cost, the sum of FOURHUNDRED NINETY-ONE THOUSAND TWO HUNDRED FIFTY-TWO AND 32/100DOLLARS ($491,252.32) is hereby charged, assessed, and leviedagainst and shall be collected from properties in saidImprovement District, privately owned and not specificallyexempted by this Ordinance, and the owners or lessees thereofrespectively, according to the total amounts heretofore listed,advertised, and computed according to the rate of assessmenthereinafter set forth; and the balance of the total sum costto be borne by the City and County is the sum of ONE MILLIONFIVE HUNDRED NINETY-ONE THOUSAND THREE HUNDRED TWENTY AND68/100 DOLLARS ($1,591,320.68)."SECTION 2. This ordinance shall take effect upon its approval.

DATE OF INTRODUCTION: //

APRIL 9, 1980


De r StiAPPROVED this 2nd day of

June, 1980

Councilmen


80 -35

ORDINANCE NOSILL A'Û

Draft )

A BILL FOR AN ORDINANCE TO AMEND SECTION 13118.2, R.0, 1969, AS AMEÑDED,

RELATING TO RULES AND REGULATIONS RELATIVE TO THE USE OF PUBLIC PARKS,

PLAYGROUNDS, BEACHES AND OTHER PUBLIC AREAS.

BE IT OROAINED By the People of the City and County of Honolulu:

SECTION 1. Section 13-18.2(a) as amended, io hereby further amended by

adding a new subparagraph to be designated and to read as follows:

"(a) Within the limits of any public park, it shall be unlawfulfor any person to:

(13) Enter or remain in any public park enclosed by a

fence, wall or similar structure during the night hours that thepark is closed, provided that signs are posted at the entrance(s)thereto indicating the hours that the park is closed."

SECTION 2. New material,is underscored. When revising, compiling orprinting this ordinance for inclusion in the Revised Ordinances of Honolulu,the Corporation Counsel need not include the underscoring.

SECTION 3. .This ordinance shall take effect upon its approval.

INTRODUCED BY:


APRIL 30, 1980Honolulu, Hawaii

APPROVED AS TO FORM AND LEGALITY: Councilmembers

De Corporation Counsel

APPROVED this 2nd day ofJune , 1980.


80-36

(AEO) Draft No. 4

ORDINANCE NO.80 -37

(BILL NO. 30 , 1980)

SUPPLEMENTARY APPROPRIATIONORDINANCE NO. 4

A BILL FOR

AN ORDINANCE AMENDING ORDINANCE NO 79-47, AS AMENDED, RELATING TO THE OPERATING

BUDGET OF THE CITY AND COUNTY OF HONOLULU FOR THE FISCAL YEAR JULY 1, 1979 TO

JUNE 30, 1980.


SECTION 1. Ordinance No. 79-47, as amended, relating to the operating budgetof the City and County of Honolulu for the fiscal year July 1, 1979 to June 30, 1980

is hereby further amended as follows:

a) Estimated additional revenues for the purposes set forth in Section 2.

Federal Bus Trans-Revenue portation

General Sharing RevolvingFund Fund Fund .

TAXESGENERAL PROPERTY TAXES:

Real Property Tax..............$ 646,000 $ -- $ --

CHARGES FOR SERVICESHIGHHAYS AND STREETS:

Parking:City Employees.............. 65,000 --

--

MISCELLANEOUS REVENUEINTEREST EARNINGS:

Investments.................... 1,250,000 500,000 --

CONTRIBUTIONSAND TRANSFERSFROM OTHER FUNDS:Contribution from Other Funds:

Transfer from General Fund.. -- -- 2,076,750Transfer from Highway Fund.. -- -- (841,976)Transfer from Federal

Revenue Sharing Fund...... -- -- 725,000OTHER:

Sundry Realizations:Recovery from State for

Halawa Jail.............. 115,750 -- --

REVOLVING FUND REVENUESBUS TRANSPORTATION:

Bus Fares..................... -- -- 963,750Recovery of Damages........... -- -- 45,000MTL Employees Parking Charges. -- -- 55,500

80 -37

Federal Bus Trans-Revenue portation

General Sharing RevolvingFund Fund Fund

SURPLUSBalance Forwarded............. -- 225,000 --

TOTAL REVENUES AND SURPLUS...... 2,076,750 725,000 3,024,024

LESS: INTER-FUND TRANSFER...... 2,076,750 725,000 --

NET TOTAL REVENUES AND SURPLUS..$ -- $ -- $ 3,024,024

b) Special Fund.

Parks and Playgrounds RevolvingFund.......................... $125,857.32

SECTION 2. The moneys in Section 1 shall be and are hereby appropriated tothe fund and expenditure account as set forth as follows:

Federal Bus Trans- Parks andRevenue portation Playgrounds

General Sharing Revolving RevolvingFund Fund Fund Fund


Department of TransportationServicesMass Transit:

MIL Incorporated..........$ -- $ -- $3,024,024 --

MISCELLANEOUSCONTRIBUTIONSAND TRANSFERS

TO OTHER FUNDS:Bus Subsidy.................... 2,076,750 725,000 -- --

DEPARTMENT OF FINANCE:1. Refund to Regency Realty,

Inc. because the applica-tion for a buildingpermit was denied by theBuilding Superintendent.... · -- -- -- $ 108,674.02

2. Refund to Go DevelopmentCorporation because thedevelopment project was

cancelled by Go Develop-ment...................... -- -- -- 17,183.30

TOTAL APPROPRIATIONS............ 2,076,750 725,000 3,024,024 125,857.32

LESS: INTER-FUND TRANSFER...... 2,076,750 725,000 -- --

NET TOTAL APPROPRIATION..........$ -- $ -- $3,024,024 $ 125,857.32

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INTRODUCED EY:


MARCH 19 , 198 0

Honolulu, Hawaii


Councilmembers

Depuky Corporadon C nsel

APPROVED this 12th day ofJune

, 1980

FRANK F, FASI, MayorCity and County of Honolulu

-3-

80 -37

(F/Pro)ORDINÃCE NO. 80-38 art,t, no. ss (1980)

(Draft No. 2)

A BILL FOR AN ORDINANCE TO AMEND THE REVISED ORDINANCES OFHONOLULU 1969, AS AMENDED, BY AMENDING ARTICLE 39 OF CHAPTER13 RELATING TO MOTOR VEHICLES DRIVERS' LICENSES AND FEES.

BE IT ORDAINED by the People of the City and.County of Honolulu:

SECTION 1. The Revised ordinances of Honolulu 1969, asamended, is hereby further amended by amending Article 39 ofChapter 13 to read as follows:

Article 39. Motor Vehicles [Operators'And Chauffeurs'] Drivers' Licenses.

Sec. 13-39.1. Definitions.

As used in this Article, unless the contextotherwise requires:

(a) "Act 214" means Act 214 of the SessionLaws of Hawaii, Regular Session 1967.

(b) "Part VI" means Part VI of Act 214 of theSession Laws of Hawaii, Regular Seesion 1967.

(c) ["Operator's] "Driver's license" means alicense authorizing a person to operate the categoryof motor vehicles specified in Section 286-102, HRS.

((d) "Chauffeur's license" 'means a licenseauthorizing a person to operate the category ofmotor vehicles specified in Section 286-102, HRSupon compliance with the additional requirements ofSection 286-102, HRS.]

[(e) "Chauffeur's badge" means the badge.referred to in Section 286-117, HRS.]

[(f)] (d) "Reissuance of (an operator's]a driver's ÏÏËense" means the first [operator's]license issued pursuant to Act 214 to a person whoholds, as of the effective date of Act 214, [anoperator's] a driver's license issued pursuant toPart VI of Chapter 286, HRS, as amended.

[(g)] (e) "Original license" means the first[operator's¯õrchauffeur's] driver's license, other

than a reissuance of (an operator's] a driver'slicense, issued to a person pursuant to Act 214.

80-38

[Ch)] Áf) "Renewal" means any [operator's orchauffeur's] driver's license issued to the sameperson subsequent to an original license or to thesome person subsequent to the reissuance of [anoperator's] a driver's license.

[(i)] gi "Instruction permit" means the permitreferred to in Section 286-110, HRS.

((j)] (h) "Four-year license" means an original[operator'sT¯Eriver's license or renewal thereof,which upon issuance is effective for a period offour years, unless sooner revoked or suspended.

(Ck)] (i) "Two-year license" means an original[operator'sT~5river's license or renewal thereof,which upon issuance is effective for a period oftwo years, unless sooner revoked or suspended.

((1)] (1) "Duplicate" means an instructionpermit[, operator's or chauffeur's] or driver'slicense [or chauffeur's badge] issued to replaceone that is lost, destroyed or illegible.

Sec. 13-39.2. License And Permit Fees.

(a) [Operator's] Driver's license fees. Theissuance, reissuance or renewal of [an operator's]a driver's license shall be subject to the payment ofa fee by the licensee in accordance with the followingschedule:

(1) Reissuance of four-year [operator's]driver's license: [Four Dollars ($4.00)] EightDollars and Fifty Cents ($8.50).

(2) Original four-year [operator's] driver'slicense: [Four Dollars ($4.00)] Eight Dollars andFifty Cents ($8.50).

(3) Renewal of four-year [operator's] driver'slicense: [Four Dollars ($4.00)] Eight Dollars andFifty Cents ($8.50).

(4) Reissuance of two-year [operator's] driver'slicense: [Two Dollars ($2.00)] Five Dollars andFifty Cents ($5.50).

(5) Original two-year (operator's] driver'slicense: [Two Dollars ($2.00)] Five Dollars andFifty Cents ($5.50).

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80-38

(6) Renewal o£ two-year (operator'*] driver'slicense: [Two Dollars ($2.00)] Five Dollars andFifty Cents ($5.50) .

[(b) Chauffeur's license fees. The issuance orrenewal of a chauffeur's license shall be subject to thepayment of a fee by the licensee in accordance with thefollowing schedule:

(1) Original chauffeur's license: ThreeDollars ($3.00).

(2) Renewal of chauffeur's license: ThreeDollars ($3.00).Said fees shall entitle a licensee to a chauffeur's

badge without additional cost, except as otherwiseprovided herein.]

((c)] (b) The issuance of an instruction permitor any renewai thereof shall be subject to the paymentof a fee of [One Dollar ($1.00).] Three Dollars ($3.00).

[(d)] (c) The issuance of a duplicate permit[,) o_rlicense [or badge] shall be subject to the payment of afee of [One Dollar ($1.00).] Three Dollars ($3.00).

Sec. 13-39.3. Disposition Of Proceeds.

All fees collected pursuant to Section 13-39.2hereof shall become a realization of the City.

SECTION 2. Ordinance material to be repealed is bracketed.New material is underscored. When revising, compiling or print-ing this Ordinance for inclusion in the Revised Ordinances ofHonolulu, the Corporation Counsel need not include the brackets,the bracketed material or the underscoring.


TRODUCED BY:DATnE OF

INOHaUCTION:

":EDEG YFORM

Deputy Corporggion Counsel -

APPROVED this 12th day ofJune , 1980.

CouncilmembersFRANK F. FAS', yor

-3- 80 -38

(F/Pro)ORDINANCE NO. $Û" BILL NO. 56 (1980)TUraŸt No. 2)

A BILL FOR AN ORDINANCE TO AMEND THE REVISED ORDINANCES OF HONOLULU1969, AS AMENDED, BY AMENDING ARTICLE 2 OF CHAPTER 14 RELATING TOMOTOR VEHICLE REGISTRATIONFEES.


SECTION l. The Revised Ordinances of Honolulu 1969, asamended, is hereby further amended by amending Article 2 of Chapter14 to read as follows:

"Article 2. Fees for Motor Vehicle.Registration.

Sec. 14-2.1 Fee for [Original] Registration of Motor Vehicle.

The fee for the [original] registration of a motorvehicle shall be as follows:

((a) For the period ending on December 31, 1975,Two Dollars and Twenty-five Cents ($2.25).

(b) For the period commencing on January 1, 1976and ending December 31, 1976,Three Dollars andFifty Cents ($3.50). This sum is based uponthe following cost factors:

1) License Plate Cost........... $1.55

2) Administration Cost forregistration............... 1.95

$3.50

[c) For the period commencing on January 1, 1977and thereafter, Three Dollars and Seventy-fiveCents ($3.75). This amount is based upon the1976 cost factors of $3.50 plus the cost of anew 1977 tag or emblem.]

(a) Fees for the 1980 registration of a motor vehicleinvolving the issuance of a number plate and/ortag or emblem shall be:

1) Number Plate................. $3.50

2) Tag or Emblem................ .25

(b) Fees for the 1981 registration of a motor vehicleinvolving the issuance of a number plate and/ortag or emblem shall be:

1) Number Plate................. $4.50

2) Tag or Emblem................ .50

(c) Fees for the registration of a motor vehicleinvolving the issuance of number plates and/ortags or emblems applicable to 1982 and subsequentyears shall be:

80-33

1) Number plate................. $5.00

2) Tag or Emblem................ .50

(d) For a registratión involving a reassignment ofnumber plates, pursuant to a request therefor,from a motor vheicle registered in the Stateand owned by the owner to another motor vehiclesubsequently acquired by him, Five Dollars ($5.00).

(Sec. 14-2.2. Fee for New Series of Number Plates.

The fee for the issuance of a new series of number platesfor a motor vehicle shall be Three Dollars and FiftyCents ($3.50).]

Sec. 14-2.3. Fee for Tag or Emblem In Subsequent Years.

The fee for the issuance of a tag or emblem for a

motor vehicle, upon payment of the applicable tax', inany year in which the number plates do not evidencethe payment of the current year's tax, shall be FiftyCents (.50).

(Sec. 14-2.4. Fee for Replacement of Lost of MutilatedNumber Plates, Tags, or Emblem of Motor Vehicle.

The fee for the replacement of a lost or mutilated numberplate or plates, tag or emblem of a motor vehicle shallbe as follows:

(a) For the period ending on December 31, 1975:Fee

1) Number-Plates................ $2700

2) Tag or Emblem................ .25

(b) For the period commencing on January 1, 1976and ending December 31, 1976:

Number Plates................ $3.50

(c) For the period commencing on January 1, 1977and thereafter:

1) Number Plates................ $3.50

2) Tag or Emblem................ .25]

Sec. 14-2.4 Fees for the Issuance of a New Series ofNumber Plates or Replacement of Lost orMutilated Number Plates, Tags, or Emblems.

The fees for the issuance of a new series of number plates,tags, or emblems shall be the same as the fees charged inSection 14-2.1 above.

[Sec. 14-2.5. Number Plate Reservations.

so-as

Number plates for motor vehicles shall be issued fromavailable stock in alphabetical and numerical order•provided that the Director of Finance may issue numberplates from available stock for a motor vehicle outof such alphabetical or numerical order pursuant to arequest therefor; and provided further, that whenever anew series of number plates for motor vehicles :us to beissued, the Director of Finance may accept reservationsfor number plates on a list of number plates he antici-pates issuing in the initial change to the new seriesand issue number plates for motor vehicles out of suchalphabetical or numerical order pursuant to suchreservations as follows:

(a) During a period of not less than two weeks, onlya reservation for number plates in the new seriescorresponding to the number plates of a motorvehicle owned by the person making the reservationmay be accepted.

(b) Thereafter, during a period of not less than twoweeks any reservation for any of the remainingavailable plates may be accepted."]

SECTION 2. Ordinance material to be repealed is bracketed.New material is underscored. When revising, compiling or printingthis Ordinance dbr inclusion in the Revised Ordinances of Honolulu,the corporation Counsel need not include the brackets, the bracketedmaterial or the underscoring.

SECTION 3. This Ordinance shall take effect upon its approval.NTRODUCED BY:

DATE OF INTRODUCTION:MAY 7, 1980Honolulu, Hawaii CouncilmembersAPPROVED AS TO FORM AND LEGALITY:

Deputy Corporatgon C unselAPPROVED this 12th day of

June , 1980.

FRANK F. FASI, Mayo Q.City and County of Honolulu

-3-

ORDINANCE NO. BILL NO. 57 (1980)(Draft No. 2 )

A BILL FOR AN ORDINANCE TO AMEND CHAPTER 18, R.O. 1969, ASAMENDED, RELATING TO FEES AND PERMITS FOR BUILDING, ELECTRICAL,PLUMBING AND SIDEWALK CODES.

BE IT ORDAINED by the People of the City and County.of Honolulu:

SECTION 1. Chapter 18, R.O. 1969, is hereby further amended inthe following respects:

a. Section 18-6.2 is amended to read:

"Sec. 18-6.2 Refund of Fees.

(a) Building Official shall refund an amount equalto 50 percent of the permit fee paid under theprovisions of this Chapter where a permittee, dueto a material change in circumstances orfinancial difficulties, is unable to commencework authorized by the permit issued therefor:provided that written application for refundshall be made on forms furnished by the BuildingOfficial not later than 15 days after the expira-tion date of such permit; and provided furtherthat where the Building Official has extendedthe expiration date of the original permitpursuant to Section 18-5.4, application forrefund shall be made not later than 15 daysafter the new expiration date.Notwithstanding the foregoing provisions, norefund shall be made in any case where anew permit has been obtained under the provisionsof Section 18-5.4, for the purpose of recom-mencing the same work, or where the amount tobe refunded is less than [five dollars ($5.00).]ten dollars ($10.00).All permits upon which refunds have been made inaccordance with the foregoing provisions shallthereafter be null and void.

b) Where more than one permit has been erroneouslyprocured by the permittee and/or his agent forthe same construction or work, the BuildingOfficial shall approve one permit and refund thetotal amount of fees paid for the other permitsupon the surrender thereof; provided that norefund shall be made on any permit which hasbeen surrendered after 90 days from the dateof issuance of such permit, or where the amountto be refunded is less than [five dollars ($5.00).]ten dollars ($10.00)."

(OCS/052380/EAI)

80-40

b. Table No. 18-A is amended to read:

"Table No. 18-A. FEES AND PERMITS

The fees for the issuance of building permits shall.be computed in accordance with the following schedule:

TOTAL ESTIMATED VALUATIONOF WORK FEE TO BE CHARGED

From $.01 to $500.00 ($3.00] $6.00From $500.01 to $1,000.00 .[$1.00 + $.50] $2.00 + $1.00 per $100 or

fraction thereof of the total estimatedvaluation of work.

From $1,000.01 to $20,000.00 [$2.00 + $.40] $4.00 + .$.80 per $100 orfraction thereof of the total estimatedvaluation of work.

From $20,000.01 to $50,000.00 [$6.00 + $3.80] $12.00 + $7.60 per $1,000or fraction thereof of the totalestimated valuation of work.

From $50,000.01 to $100,000.00 [$46.00 + $3.00] $92.00 + $6.00 per $1,000or fraction therof of the total estimatedvaluation of work.

From $100,000.01 to $500,000.00 ($146.00 + $2.00] $292.00 + $4.00 per$1,000 or fraction thereof of the totalestimated valuation of work.

From $500,000.01 to $2,000,000.00 (646.00 + $1.00] $1,292.00 + $2.00 per$1,000 or fraction thereof of the totalestimated valuation of work.

$2,000,000.01 and above ($1,246.00 + $.70] $2,492.00 + $1.40 per$1,000 or fraction thereof of the totalestimatedvaluation of work."

SECTION 2. Ordinance material to be repealed is bracketed. Newordinance material is underscored. When revising, compiling orprinting this ordinance for inclusion in the Revised Ordinancesof Honolulu, the Corporation Counsel need not include thebrackets, the bracketed material or the underscoring.

I

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(OCS/052380/EAI) $Û•$Û

SECTION 3. This Ordinance shall not apply to projects forwhich building permit applications have been properly filedwith the Building Department prior to the effective date ofthis Ordinance; provided the building permits for suchprojects are obtained within 30 days from the effectivedate of this Ordinance. The permit fee schedule in effectprior to this Ordinance shall be applicable to such projects.

SECTION 4. This Ordinance shall take effect upon its approval.INTRODUCED BY:

I


MAY 7, 1980 Councilmembers

Honolulu, Hawaii



APPROVED this 12th day ofJune , 1980

FRANK F. FASI, Ma rCity and County of Honolulu

80 40

ORDINANCE NO. BILL NO. 66 (1980)(Draft No. 1)

A BILL FOR AN ORDINANCE TO ABEND CHAPTER 11, R.O. 1969, OF THE CITYAND COUNTY OF HONOLULU, AS AMENDED, RELATING TO SEWERS.


SECTION I. Chapter 11, Article 6, R.O. 1969 of the City and Countyof Honolulu, as amended, is hereby further amended in the followingrespects:

a. Appendix "H," Sewer Service Charge Schedules ofSection 11-6.4, Sewer Service Charge Schedules, ishereby amended to read as follows:

APPENDIX "H"Sewer Service Charge Schedules

The following charges are established in accordance withSection 11-6.4 Sewer Service Charge Schedules of Chapter 11,Revised Ordinances of Honolulu, 1969. Charges will beeffective on January 1, 1977.

Residential User ChargesSingle Family and Duplex Dwellingsper unit per month.........................S 4.85Multiple Unit Dwellings perunit per month.............................$ 3.40

Non-Residential User Charges,Domestic Strength Wastewater

Charge per 1,000 gallons ofmetered water usage........................$ 0.36Charge per 1,000 gallons ofmetered wastewater discharge...............$ 0.45Minimum monthly charge.....................$ 4.85

Non-Residential Strength SurchargesCharge per 1,000 gallons of water usage

(SSm)$0.36 0.687 + 0.313 200 J

Charge per 1,000 gallons of wastewater discharge(SSm)

$0.45 .687 + 0.3.3 200

(OCS/050780/EAI)

80-411

Beginning July 1, 1980, a different charge shall applyto those users who have paid 100% of their share ofcapital costs of collection, treatment and disposalof their wastewater by the City. The charges undercolumn 1 below are for those users of the City'swastewater system who have not paid 100% of theirshare of capital costs and the charges under column 2

are for those users who have paid 100% of their shareof capital costs. The following charges shall beeffective from July 1, 1980:

COLUMNS - 1 2

Residential User ChargesSingle Family and Duplex Dwellingsper unit per month................... $ 6.10 $ 6.00Multiple Unit Dwellings perunit per month....................... $ 4.25 $ 4.20


Charge per 1,000 gallons ofmetered water usage.................. $ 0.45 $ 0.44Charge per 1,000 gallons ofmetered wastewater discharge......... $. 0.56 $ 0.55Minimum monthly charge............... $ 6.10 $ 6.00


(SSm).687 + 0.313 200J X $ 0.45 $ 0.44


.687 + 0.313 200 . X $ 0.56 $ 0.55

The following charges shall be effective from July 1, 1981:

COLUMNS - 1 2

Residential User ChargesSingle Family and Duplex Dwellingsper unit per month................... $ 8.00 $ 7.40Multiple Unit Dwellings perunit per month....................... $ 5.60 $ 5.15


Charge per 1,000 gallons ofmetered water usage.................. $ 0.59 $ 0.55Charge per 1,000 gallons ofmetered wastewater discharge......... $ 0.74 $ 0.68Minimum monthly charge............... $ 8.00 $ 7.40

-2-

(OCS/050780/EAI) 80-416

COLUMNS - 1 2


(SSm).687 + 0.313 200 X $ 0.59 $ 0.55


.687 + 0.313 200 JX $ 0.74 $ 0.68The following charges shall be effective from July 1, 1982:

COLUMNS - 1 2

Residential User ChargesSingle Family and Duplex Dwellingsper unit per month................... $ 9.05 $ 7.80Multiple Unit Dwellings perunit per month....................... S 6.35 $ 5.50


Charge per 1,000 gallons ofmetered water usage.................. $ 0.67 $ 0.58Charge per 1,000 gallons ofmetered wastewater discharge......... $ 0.84 $ 0.73Minimum monthly charge............... $ 9.05 $ 7.80


(SSm).687 + 0.313 200 . X $ 0.67 $ 0.58


.687 + 0.313 200 JX $ 0.84 $ 0.73

Industrial Cost Recovery ChargesSand Island Sewage Treatment Plant, Phase II

Annual charge per mgd of SADWF ofwastewater discharged....................$10,330Annual charge per pound per day ofseasonal suspended solids loading........$ 4.15

New Ala Moana Sewage Pump Station and Force MainAnnual charge per mgd SADWF ofwastewater discharged:Sewage Pump Station......................$ 2,279Force Main...............................$ 3,288

Hart Street Sewage Pump Station ModificationsAnnual charge per mgd of SADWF ofwastewater discharged....................$ 961

-3-

(OCS/050780/EAI) Û"" i

b. Section 11-8.3 is hereby amended to read as follows:

(a) A separate account shall be established to accountfor all revenues derived from any sewer servicecharges except from Industrial Cost Recovery andall funds expended from it. Expenditures from thisfund shall be limited for the purpose of carryingout the operation and maintenance of the sewersystem, including replacement, and for the purposeof paying any sewer bond debt service.

(b) Two separate accounts shall be established toaccount for all revenues derived from IndustrialCost Recovery.

(1) Fifty percent (50%) of all revenues derivedshall be deposited in an account from whichannual payments shall be made to the FederalGovernment as reimbursement for advances madeto the City for sewer system construction.

(2) The remaining fifty percent (50%) shall bedeposited in a separate account of which fortypercent (40%) shall be used to finance futuresewer system construction under PL 92-500.The remaining ten percent (10%) may be usedfor future sewer system construction or foroperation and maintenance of the sewer system.

c. Appendix "I," Cesspool Charge Schedules, of Section11-7.3 Cesspool Service Charge, is hereby amended toread as follows:

APPENDIX "I"Cesspool Charge Schedules

The following charges are established in accordancewith Section 11-7.3, Cesspool Charge Schedule forPumping or Treating Cesspools of Chapter 11, RevisedOrdinances of Honolulu, 1969. [Cesspool Charges willbe effective on January 1, 1977.]

(a) Cesspool Service Charge Schedule effective January 1,1977 to June 30, 1980.

(1) Pumping cesspool on a per call basis.For a single truckload or fractionthereof..............................$12.35

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(OCS/050780/EAI) gg.

(2) Pumping cesspool on an annualcontract basis.

(a) Single-family and duplexdwellings per unit servedper month.......................$ 4.85

(b) Multiple unit dewellingsper unit served per month.......$ 3.40

(3) Chemically treated cesspool.(a) Single-family and duplex

dwellings per unit servedper month.......................$ 4.85

(b) Multiple unit dwellingsper unit served per month.......$ 3.40

Da) Cesspool Service Charge Schedule effective July 1stof 1980, 1981 and 1982, as follows:

7/1/80 7/1/81 7/1/82(1) Pumping cesspool on a

per call basis.For a single truckloador fraction thereof......$14.64 $19.20 $21.72

(2) Pumping cesspool on anannual contract basis.(a) Single-family and

duplex dwellingsper unit servedper month...........S 6.10 $ 8.00 $ 9.05

Da) Multiple unitdwellings per unitserved per month....$ 4.25 $ 5.60 $ 6.35

(3) Chemically treatedcesspool.

(a) Single-family andduplex dwellingsper unit servedper month...........$ 6.10 $ 8.00 $ 9.05

03) Multiple unitdwellings per unitserved per month....$ 4.25 $ 5.60 $ 6.35

-5-

(OCS/050780/EAI) gg.ggi

SECTION II. Ordinance material to be repealed is bracketed. Newmaterial is underscored. When revising, compiling, or printingthis Ordinance for inclusion in the Revised Ordinance of Honolulu,the Corporation Counsel need not include the brackets, the bracketedmaterial, or the underscoring.SECTION III. This Ordinance shall take effect upon its approval.

CouncilmembersDATE OF INTRODUCTION:MAY 7, 1980

Honolulu, HawaiiAPPROVED AS TO FORM

AND LEGALITY:

Deputy Corporation CounselAPPROVED this 12th day of

June , 1980.

FRANK F. FASI, MaybrCity and County of Honolulu

-6-

(OCS/050780/EAI) 80-41

(AEC)80-42/

ORDINANCE NO.(BILL NO. fi§# , 1980)


A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 79-60, AS AMENDED, RELATING TO

THE CAPITAL BUDGET ORDINANCE OF THE CITY AND-COUNTY OF HONOLULU FOR THE

FISCAL YEAR JULY 1, 1979 TO JUNE 30, 1980.


SECTION 1. Ordinance No. 79-60 relating to the Capital Budget of theCity and County of Honolulu for the fiscal year July 1, 1979 to June 30, 1980

is hereby further amended as follows:

a) Appropriating the following amounts which are inaddition to the amounts estimated and appropriatedin Ordinance No. 79-60, as amended:

General Improvement Bond Fund........ $ 1,735,000Highway Improvement Bond Fund........ 726,000 $2,461,000

b) Reducing the appropriation in the following amountsfor projects authorized by Ordinance No. 79-60:

Highway Improvement Bond Fund

HIGHWAYS AND STREETSBridges, Viaducts and Grade Separation:

DEPARTMENT OF PUBLIC WORKS--Division of EngineeringKalanianaoleHighway Box Culvert

at Inoaole Stream.................. 39,000Kalanianole Highway Bridge over

Waimanalo Stream................... 54,000 93,000

Total........................................ $2,554,000

are hereby appropriated for the purposes as setforth in Section 2 hereof for the fiscal yearJuly 1, 1979 to June 30, 1979.

SECTION 2. The moneys appropriated in Section 1 above shall be andare hereby appropriated to the following departments and projects:


GENERAL GOVERNMENTPublic Facilities, Additions and

Improvements:BUILDING DEPARTMENT

Building Department--Maintenance Shop...... $ 1,500,000

80-42

CULTURE-RECREkrIONParticipant, Spectator and Other Recreation:

DEPARTMENT OF PARKS AND RECREATIONCommunity Development Block Grant

Ineligible Projects Reimbursement--Ala Wai Promenade........................ 50,000Newtown Park............................. 185,000

Total General Improvement Bond Fund................ $1,735,000 iHIGHWAY IMPROVEMENT BOND FUND


DEPARTMENT OF TRANSPORTATION SERVICESIsland-wide Bus Program, New BusAcquisitions............................. 656,000

HIGHWAYS AND STREETSHighways, Streets and Roadways:

DEPARTMENT OF PUBLIC NORKS--Divisionof EngineeringCommunity Development Block Grant

Ineligible Project Reimbursement--S. King Street Beautification--McCully to Waialae....................... 50,000

Storm Drainage:DEPARTMENT OF PUBLIC WORKS--Division

of EngineeringCommunity Development Block Grant

Ineligible Project Reimbursement--Pooleka Street-10th Avenue ReliefDrain, Palolo............................ 20,000

Bridges, Viaducts and Grade Separation:DEPARTMENT OF PUBLIC WORKS--Division

of EngineeringKalanianaoleHighway Bridge over

Kahawai Stream........................ 93,000

Total Highway LeprovementBond Fund....................................... 819,000

TOTAL CAPITAL IMPROVEMENT APPROPRIATIONS.......... $2,554,000SECTION 3. After the City receives the reimbursement of Federal fundswithheld from the Island-Wide Bus Program, New Bus Acquisitions project, theHighway Improvement Bond Fund appropriation shall be reduced in the amountreimbursed by the Federal Government.

-2-

80-4

SECTION 4. This Ordinance shall take effect upon its approval.INTR D Y

DATE OF INTRODUCTION:MAY 14, 1980

Honolulu, Hawaii


Deputy Corporýtiion (ounsel

APPROVED this 12th day


I

-3-

80-4

CAPITAL IMPROVEMENT PROGRAMFOR THE FISCAL YEAR JULY 1, 1979 TO JUNE 30, 1980


Funds for Current Year's Projects

GENERAL GOVERNMENTPublic Facilities, Additions and Improvements:

BUILDING DEPARTMENTBuilding Department Maintenance Shop................. $ 1,500,000

(Construction........... $1,500,000)


DEPARTMENT OF TRANSPORTATION SERVICESIsland-Wide Bus Program, New Bus Acquisitions........ 656,000

(Equipment.............. $ 656,000)

HIGHWAYS AND STREETSBridges, Viaducts and Grade Separations:

DEPARTMENT OF PUBLIC WORKS--Divisionof EngineeringKalanianaoleHighway Bridge over Kahawai Stream...... 93,000

(Construction........... $ 93,000)

Funds for Prior Years' Project

HIGHWAYS AND STREETSHighway, Streets and Roadways:

DEPARTMENT OF PUBLIC WORKS--Divisionof EngineeringCommunity Development Block Grant

Ineligible Project Reimbursement--S. King Street Beautification--McCullyto Waialae......................................... 50,000

(Construction........... $ 50,000)

Storm Drainage:DEPARTMENT OF PUBLIC HORKS--Division

of EngineeringCommunity Development Block Grant

Ineligible Project Reimbursement--Pooleka Street-10th Avenue ReliefDrain, Palolo...................................... 20,000

(Planning andEngineering.......... $ 20,000)


DEPARTMENT OF PARKS AND RECREATIONCommunity Development Block Grant Ineligible

Projects Reimbursement--Ala Wai Promenade.................................. 50,000

(Construction........... $ 50,000)

Newtown Park....................................... 185,000(Construction........... $ 185,000)

TOTAL CAPITAL IMPROVEMENT APPROPRIATION.. . . . $ 2, 554, 000

MEANS OF FINANCINGGeneral Improvement Bond Fund.......................... $ 1,735,000Highway Improvement Bond Fund.......................... 819,000

TOTAL....................................... $ 2,554,000

80-42

(Draft No.3 )EXECUTIVE BUDGET ORDINANCEFOR THE FISCAL YEAR JULY 1, 1980 TO JUNE 30, 1981

to rço r

ORDINANACNO.

80-43•OrÀ. ·~26 Orà (BILL NO. 464 , 1980) Ord- - Ord.si- 3

A BILL FOR AN ORDINANCE APPROPRIATING ESTIMATED REVENUES FOR EXPENDITURES BY THE CITY AND COUNTY OF HONOLULU FOR THE

FISCAL YEAR JULY 1, 1980 TO JUNE 30, 1981.

BE IT ORDAINED by the People of the City and County of Honolulu;

SECTION 1. The several amounts of revenues, estimated for the fiscal year July 1, 1980 to June 30, 1981 are herebyparceviched and appropriated to the funds and for the purposes as set forth in Section 2:

OPERATING FUNDS

General Fund (Net)............................. $200,342,947Highway Fund (Net)...........................,, 29,416,874Sewer Fund..................................... 16,312,401Urban Redevelopment Fund....................... 1,408,536Bus Transportation RevolvingFund.............. 41,674,755

TOTAL...........................,......... $289,155,513

SECTION 2. The monies appropriated in Section 1 above for the fiscal year July 1, 1980 to June 30, 1981 areappropriated to the several funds and agencies as enumerated in this section.

APPROPRIATIONS--OPERATINGFUNDS

Urban Bus

General Highway Redevelopment TransportationFUNCTIONS, PROGRAMS AND ACTIVITIES Fund Fund Sewer Fund Fund RevolvingFund

GENERAL GOVERNMENT--CONTROLEXECUTIVE:

MayorExecutive Adminis tration:

Abdministration................................... $ 266,678 g---

g---

$---

$---

Idalaaging DirectorCity Management:

Administration................................... 216,556 --- --- --- ---

bianagment Improvonent Section.........,.......... 224,100 --- --- --- ---

Neighborhood Commission:Neighborhood (kumnission.......................... 259,894 --- --- --- ---

Urban BusGeneral Highway Redevelopment Transportation

FUNCTIONS, PROGRAMS AND ACTIVITIES Fund Fund Sewer Fund Fund Revolving Fund

uman Resources:Administration ................................. 267,014 --- --- --- ---

Law Enforcement AssistanceAdministration:Law Enforcement Assistance

Administration Projects....................... 23,912 --- --- --- ---

Information and Referral Servicefor Senior Citizens:Information and Referral Service

for Senior Citizens........................... 130,037 --- --- --- ---

Status of Women:Status of Women................................. 2,895 --- --- --- ---

Office of Information and ComplaintPublic Information:

Information and Complaint....................... 428,225 --- --- --- ---

Printing Services:Printing Services............................... 212,514 --- --- --- ---

Satellite City Hall:Satellite City Hall............................. 303,597 --- --- --- ---

TOTAL GENERAL GOVERNMENT--CONTROL......... 2,335,422 --- --- --- ---

GENERAL GOVERNMENT--STAFF AGENCIESFINANCE:

Department of the BudgetBudgetary Management:

Administration................<................. 178,767 --- --- --- ---

Budget Analysis................................. 189,252 --- --- --- ---

Fiscal-CIP Analysis............................. 139,848 --- --- --- ---

Department of FinanceAdministration:

Administration.................................. 304,438 --- --- --- ---

Accounting:Administration.................................. 89,826 --- --- --- ---

Accounting...................................... 211,555 --- --- --- ---

Pre-Auditing.................................... 250,123 --- --- --- ---

Fiscal Services:Administration.................................. 54,955 --- --- --- ---

Auditoriums Fiscal Service...................... 94,310 --- --- --- - -

General Fiscal Service.......................... 88,651 --- --- --- ---

-2-


EUNCTIONS, PROGRAMS AND ACTIVITIES Fund Fund Sewer Fund Fund RevolvingFund

Central Fiscal Service.......................... 91,132 --- --- --- --- '

Fire Fiscal Service............................. 100,286 --- --- --- ---

Housing Fiscal Service.......................... 86,290 --- --- --- ---

Parks and Recreation Fiscal Service,,........... 117,344 --- --- --- ---

Public Horks Fiscal Service.........,........... 214,238 --- 80,977 --- ---

Transportation Fiscal Service................... 96,224 --- --- --- ---

Auditing:Administration.................................. 137,852 --- --- --- ---

Motor Vehicles and Licensing:Administration.................................. 74,562 --- --- --- ---

Accounting...................................... 50,068 --- --- --- ---

Business Licenses............................... 30,857 --- --- --- ---

Dog and Bicycle Licenses........................ 90,598 --- --- --- ---

Vehicle Licenses................................ 2,903,988 30,000 --- --- ---

Investigations.................................. 15,846 --- --- --- ---

Driver License and Financial Responsibility..... 912,884 --- --- --- ---

Liquor Commission:Administration.................................. 203,326 --- --- --- ---

Field Services.................................. 410,592 --- --- --- --- (gPurchasing: egAdministration.................................. 117,194 --- --- --- --- iSpecifications and Standards.................... 171,414 --- --- --- ---

CD. Personal Property, Real Property

and Insurance................................. 101,102 --- --- --- ---

Procurement.......................,,............ 97,039 --- --- --- ---

Construction and Consultant Contracts........... 63,878 --- --- --- ---

Treasury Management:Adminiètration.................................. 79,881 --- --- --- ---

General Services................................ 219,927 --- --- --- ---

Improvement District AssessmentAdministration................................ 75,389 --- --- --- ---

Debt Administration............................. 54,225 --- --- --- ---

LAN:Corporation Counsel

Administration.................................. 541,885 --- --- --- ---

Counselling and Drafting........................ 165,776 --- --- --- ---

Trials Division................................. 228,712 --- ------ ---

Land Acquisition................................ 131,948 --- --- --- --

-3-

I


FUNCTIONS, PROGRANS AND ACTIVITIES Fund Fund Sewer Fund-

Fund Revolving Fund

Family Support Division ........................ 326,354 --- --- --- ---

Ethics Commission .............................. 595 --- --- --- ---

Prosecuting AttorneyLaw-Criminal Prosecution:

Administration.................................. 747,808 --- --- --

Prosecution..............................······. 659,392 --- --- --- ---

Investigation................................... 163,356 --- --- --- ---

DATA PROCESSING:Department of Data Systems

Data Processing Systems:Administration.................................. 1,789,845 --- --- --- ---

Systems/Program Development andMaintenance......................,............ 521,592 --- --- --- ---

Computer Operations and Maintenance............. 622,871 --- --- --- ---

PLANNING AND ZONING:Department of General Planning

General Planning:Administration

................................. 313,699 --- --- --- ---

Policy Planning................................. 330,680 --- --- --- ---

Community Planning.............................. 415,524 ------ --- ---

00Department of Land UtilizationR$Land Utilization: . A

Administration.................................. 222,481 --- --- --- --- 40Design.......................................... 175,345 ---- --- --- --- 00Zoning.......................................... 251,797 --- --- --- ---

Land Use Controls............................... 146,702 --- --- --- ---

General Services................................ 306,647 --- --- --- ---

Central CoordinatingAgency..................... 98,792 --- --- --- ---

PERSONNEL ADMINISTRATION:Department of Civil Service

Personnel Nanagement:Administration.................................. 161,368 --- --- --- ---

Employment Services............................. 427,302 --- --- --- ---

Classification and Pay.......................... 203,398 --- --- --- ---

Personnel Development and Training.............. 153,948 --- --- --- ---

Labor-Management Relations...................... 202,506 --- --- --- ---

Industrial Safety and Workers'Compensation.................................. 179,982 --- --- --- ---

Urban Bus


RESEARCH AND INVESTIGATIONS:Municipal Reference and Records Center

Municipal Library Services:bbnicipal Library Services...................... 126,342 --- --- --- ---

Records Ebnagement and City Archives:Iacords and Archives Services................... 25,701 --- --- --- ---

GENERAL GOVERNMENT BUILDINGS:Building Department

General Services:General Services.............,.................. 1,800,958 --- --- --- ---

Public Building Maintenance:Repair and Maintenance.......................... 1,431,742 --- --- --- ---

(Amtodial Services.............................. 516,656 --- --- --- ---

Groundskeeping Services...........,............. 175,824 --- --- --- ---

Public Building Planning andConstruction:Planning and Construction....................... 449,115 --- --- --- ---

COMMUNITY PROMOTION:Mayor

Contingency Fund: icontingency Fund................................ 13,500 --- --- --- --- CD

A1ŒTONDTIVE EQUIPMENT SERVICE: ÛÛ

Division of Automotive Equipment ServiceAutomotive Equipment Service:

Miministration....................,............. 117,244 78,163 24,300 --a ---

Storekeeping.................................... 378,134 252,089 87,481 --- ---

Service and Lubrication......................... 1,094,256 729,505 209,468 --- ---

Repairs and Maintenance........................, 759,397 506,265 208,982 --- ---

TOTAL GENERAL GOVERNMENT--STAFF AGENCIES.... 24,497,035 1,596,022 611,208 --- ---

PUBLIC SAFETYPOLICE PROTECTION:

Police DepartmentPolice Commission:

Police Commission............................... 82,988 --- --- --- ---

Adadnistration:Chief's Office.................................. 394,240 --- --- --- ---

Internal Affairs................................ 208,140 --- --- --- ---

Administrative Assistant Chief.................. 45,656 --- --- --- ---

Research and Development Division............... 383,620 --- --- --- ---

-5-

Urban Bus


Personnel Division.............................. 337,522 --- --- --- ---

Training Division............................... 434,602 --- --- --- ---

Community Relations Division.................... 500,598 --- --- --- ---

Finance Division................................ 377,244 --- --- --- ---

Criminal Intelligence Unit...................... 322,570 --- --- --- ---

Investigative Operations:Investigative Assistant Chief................... 46,772 --- --- --- ---

Criminal Investigation Division................. 3,233,224 --- --- --- ---

Juvenile Crime Prevention Division.............. 952,342 --- --- --- ---

Vice Division................................... 1,613,110 --- --- --- ---

Field Operations:Field Assistant Chief........................... 133,053 --- --- --- ---

District I (Honolulu)........................... 13,783,903 --- --- --- ---

Tactical Operations Division.................... 1,530,806 --- --- --- ---

Traffic Division................................ 2,493,437 --- --- --- ---

Civil Defense Coordinator....................... 24,873 --- --- -- --~

District II (Wahiawa)........................... 2,153,707 --- --- -- --

District III Pearl City)........................ 3,547,435 --- -----

District IV (Kaneohe)........................... 3,387,855 --- --- ---

Technical Bureau:Technical Assistant Chief ...................... 46,837 --- --- ---

Records and Identification Division............. 1,558,040 --- --- --- ---

Communications Division ........................ 1,747,914 --- --- --- ---

Vehicle Maintenance section..................... 275,806 --- --- --- ---

Radio Maintenance Section....................... 428,429 --- --- --- ---

FIRE PROTECTION:Fire Department:

Fire Protection:Administration.................................. 356,391 --- --- --- ---

Fire Alarm Bureau............................... 333,550 --- --- --- ---

Fire Prevention................................. 319,443 --- --- --- --

Mechanic Shop................................... 442,516 --- --- --- ---

Training and Research........................... 103,097 --- --- --- ---

Radio Shop...................................... 186,995 --- --- --- ---

Fire Operations A, B, C and D

Divisions..................................... 16,384,850 --- --- --- ---

Fireboat:Fireboat Operations............................. 535,726 --- --- --- ---

-6-

Urban Bus ,

General Highway Redevelopment TransportationFUNCTIONS, PROGRAMS AND ACTIVITIES : Funds Fund Sewer Fund Fund Revolving Fund

JOINT POLICE AND FIRE PROTECTION:Department of Transportation Services

Electrical and Maintenance Services:Alarm and Communications........................ 212,778 --- --- --- ---

PROTECTIVE INSPECTION:Building Department

Administration:Administration..........,....................... 139,956 --- --- --- ---

Building Safety:Administration.................................. 199,384 ---

--- ------

Housing Code.................................... 585,741 --- --- --- ---

Existing Building Inspection.................... 280,187 --- --- --- ---

Building Code................................... 1,053,740 ------

------

Electrical Code...................,............. 500,233 ------

------

Mechanical Code...................,............. 341,874 ------ ---

---

Relocation Assistance Program................... 20,000 --- --- ------

Zoning Code .............,.........,............ 70,620 ------ ---

---

Code Enforcement Contractual Services........... 30,000 ------

------

Research........................................ 87,232 ------

------

TRAFFIC CONTROL:Department of Transportation Services

Administration:Administration.................................. --- 213,664 ---

------ Ç()

Auxiliary Services:Office Management and Special Services.......... --- 141,300 ---

------

Traffic Safety Education........................ --- 66,509 ------

---

Traffic Engineering:Street Usage ...................................

--- 49,964 ------

---

Traffic Planning................................ --- 285,946 ------

---

East Oahu District I............................ --- 84,405 ------

---

Central Honolulu District II.................... --- 71,456 ------

---

Leeward Oahu District III....................... --- 62,723 ------

---

Windward Oahu District IV....................... --- 73,085 ------

---

Traffic Signals................................. --- 1,313,160 ------

---

Parking......................................... --- 502,882 ------

---

Project Coordination...................,......., --- 26,615 ------

---

Electrical and Maintenance Service:Lighting and Communication

Planning and Design........................... --- 319,513 ------

---

Signs.and Markings............................ --- 650,957 ------

---

-7-

Urban Bus

General Highway Redevelopment TransportationFUNCTIONS, PROGRAMS AND ACTIVITIES Fund Fund Sewer Fund Fund Revolving Fund

General Ebintenance and Warehousing............. --- 76,428 --- --- ---

Lighting Maintenance Services................... 243,756 2,805,446 --- --- ---

OTHER PROTECTION:Hawaiian Humane Society Subsidy

Dog Regulation:Dog Pound....................................... 336,677 --- --- --- ---

Medical ExaminerInvestigation of Deaths:

Investigation of Deaths......................... 319,754 --- --- --- ---

Civil Defense AgencyCivil Defense Coordination:

Civil Defense................................... 141,751 --- --- --- ---

Division of Road MaintenanceFlood Control:

Stream Cleaning................................. 517,379 --- --- --- ---

Fire DepartmentCity Radio System:

City Radio System............................... 61,653 --- --- --- ---

TOTAL PUBLIC SAFETY......................... 63,850,006 6,744,053 --- --- --- I

HIGHWAYS AND STREETS ÛÛADMINISTRATION:

Chief EngineerPublic Works Management:

Administration.................................. --- 107,834 --- --- ---

ADMINISTRATION PLANNING AND INSPECTION:Division of Engineering

Engineering and Planning:Administration ................................. 75,890 113,835 --- --- --

Planning and Design ............................ 431,881 647,822 --- --- ---

Construction ................................... 484,153 726,230 --- --- ---

Division of Land Survey and AcquisitionLand Survey and Acquisition:

Administration.................................. 83,550 27,852 --- --- ---

Land Acquisition................................ 374,768 124,923 --- --- ---

Land Survey....................;................ 376,390 125,463 --- --- ---

Appraisa1....................................... 37,652 12,550 --- --- ---

-8-


FUNCTIONS, PROGRAMS AND ACTIVITIES Fund Fund Sewer Fund Fund RevolvingFund

ROADWAYS MAINTENANCE:Division of Road Maintenance

Road Maintenance--Honolulu:Administration ................................. --- 566,512 --- --- ---

Storm Draina ................................... --- 83,656 --- --- ---

Street Repair .................................. --- 2,977,853 --- --- ---

Carpentry and Masonry........................... --- 742,635 --- --- ---

Roadside Maintenance ........................... --- 186,830 --- --- ---

Road Maintenance--Rural:Ewa............................................. 85,241 340,965 --- --- ---

Wahiawa......................................... 45,782 183,127 --- --- ---

Waianae......................................... 71,500 286,001 --- --- ---

Watalua......................................... 50,137 200,548Koolauloa....................................... 39,629 158,517 --- --- ---

Koolaupoko...................................... 100,186 400,742 --- --- ---

Kailua.......................................... 93,329 373,314 --- --- ---

Division of Wastewater ManagementWilson Tunnel Maintenance:

Wilson Tunnel Maintenance....................... --- 206,679 --- --- ---

STREET SANITATION:Division of Road Maintenance

Street Sweeping:Mechanical Sweeping...........................,. --- 212,636 --- --- ---

ggManual Sweeping................................. --- 246,703 --- --- ---

TOTAL HIGHWAYS AND STREETS......,........... 2,350,088 9,053,227 --- --- ---

SANITATIONADMINISTRATION:

Chief EngineerPublic Horks Management:

Administration................................. 165,899 --- 141,014 --- ---

SEWERS AND SEWAGE DISPOSAL:Division of Wastewater Management

Administration:Administration................................. --- --- 240,176 --- ---

Engineering, Planning and Public Services:Public Service................................. --- --- 760,986 --- ---

Planning....................................... --- --- 147,787 --- ---

Engineering.................................... --- --- 714,021 --- ---

-9-

Urban Bus

General Highway Redevelopment TransportationFUNCTIONS, PROGRAMS AND ACTIVITIES Fund Fund Sewer Fund Fund Revolving Fund

Construction.................................... --- --- 488,480 --- ---

Sanitary Engineering and Laboratory............. --- --- 300,149 --- ---

Sewer Maintenance:Sewer Maintenance............................... --- --- 1,571,854 --- ---

Wastewater Treatment and Disposal:Wastewater Treatment and Disposal............... --- --- 4,210,196 --- ---

Sand Island Wastewater Treatment Plant.......... --- --- 3,972,345 --- ---

Honouliuli Wastewater Treatment Plant........... --- --- 232,842 --- ---

Cesspool Services:Cesspool Pumping................................ --- --- 493,785 --- ---

Chemical Treatment .............................--- --- 127,792 --- ---

Facilities Replacement Reserve:Facilities Replacement Reserve.................. --- --- 936,000 --- ---

MASTE COLLECTION:Division of Refuse Collection and Disposal

I Administration:Administration.................................. 268,837 --- --- --- ---

Inspection and Investigation.................... 85,114 --- --- --- ---

Refuse Collection:Honolulu Collection ............................ 3,505,072 --- --- --- ---

Rural Collection ............................... 2,657,022 --- --- --- ---

WASTE DISPOSAL:Division of Refuse Collection and Disposal

Refuse Disposal:Incineration.................................... 1,798,324 --- --- --- ---

Landfill........·............................... 1,684,031 --- --- --- ---

Transfer Station................................ 2,217,461 --- --- --- ---

I

TOTAL SANITATION............................ 12,381,760 --- 14,337,427 --- ---

HEALTHHEALTH:

Health DepartmentAdministration:

Administration.................................. 226,172 --- --- --- ---

Health Services:Health Services... ............................. 290,692 --- --- --- ---

Ambulance Services:Ambulance Services.............................. 3,187,236 --- --- --- ---

I

TOTAL HEALTH................................ 3,704,100 --- --- --- ---

-10-


FUNCTION, PROGRAMS AND ACTIVITIES Pund Fund Sewer Fund Fund RevolvingFund

CULTURE-RECREATIONCOMMUNITY MUSIC:

Royal Hawaiian BandCommunity Music:

Administration................................. 55,984 --- --- --- ---

Band........................................... 621,381 --- --- --- ---

RECREATION:Department of Parks and Recreation

Administration:Administration................................. 468,664 --- --- --- ---

Facilities Development:Facilities Development......................... 792,228 --- --- --- ---

Conservation and Beautification:Honolulu Zoo..................,................ 668,124 --- --- --- ---

Botanic Gardens................................ 421,352 --- --- --- ---

Beautification................................. 1,098,674 --- --- --- ---

Maintenance Support Services:Maintenance Support Services................... 3,113,179 --- --- --- ---

Golf Courses:Ala Wai Golf Course ........................... 334,708 --- --- --- ---

zyPali Golf Course ...........................,., 313,797 --- --- --- ---

gKahuku Golf Course............................. 80,535 --- --- --- --- ()Ted Makalena Golf Course....................... 325,207 --- --- --- ---

QQWater Safety:Hater Safety.,................................. 873,527 --- --- --- ---

Organized Recreation:Organized Recreation........................... 5,387,286 --- --- --- ---

Grounds Maintenance:Grounds Maintenance............................ 5,058,585 --- --- --- ---

SPECIAL RECREATION FACILITIES:Department of Auditoriums

Auditoriums:Administration................................. 272,844 --- --- --- ---

Operation and Maintenance...................... 1,118,595 --- --- --- ---

Box Office Operations.......................... 139,419 --- --- --- ---

TOTAL CULTURE-RECREATION................... 21,144,089 --- --- --- ---

-11-

Urban BuaGeneral Highway Redevelopment Transportation

FUNCTIONS, PROGRAMS AND ACTIVITIES Fund Fund Sewer Fund Fund Revolving Fund

URBAN REDEVELOPMENT AND HOUSINGHOUSING AND COMMUNITY DEVELOPMENT:

Department of Housing and CommunityDevelopmentHousing and Community Development

Administrative and Technical Services........... --- --- --- 450,418 ---

Community Development........................... --- --- --- 436,557 ---

Housing Development............................. --- --- --- 104,636 ---

TOTAL URBAN REDEVELOPEENT AND HOUSING....... --- --- --- 991,611 ---


Department of Transportation ServicesMass Transit:

Transportation Planning........................ --- 244,785 --- --- ---

Bus Systems...................................

--- 447,406 --- --- ---

Handicapped Bus Program........................ --- 1,113,400 --- --- ---

MTL, Incorporated.............................. --- --- --- ----58;310 555

Programming ................................... --- 144,726 --- --- ---

Rapid Transit................................. --- 469,743 --- --- ---

gOahu Metropolitan Planning(gOrganization................................. --- 19,000 --- --- ---

gg

TOTAL UTILITIES OR OTHER ENTERPRISE........ --- 2,439,060 --- --- 38,310,535

MISCELLANEOUSRETIREMENT AND PENSION CONTRIBUTIONS:

County Pension..................................... 19,276 12,912 --- --- - -

County Pension Bonus............................... 21,664 15,500 --- --- ---

Legislative Pension ............................... 7,688 6,064 --- --- ---

Legislative Pension Bonus.......................... 5,976 6,572 --- --- ---

Policemen, Firemen and Bandsmen Pensions........... 281,228 --- --- --- ---

Policemen, Firemen and Bandsmen Pension Bonus...... 160,244 --- --- --- - -

Burial Expense of Deceased Policemen,Firemen and Bandsmen Pensioners.................. 1,600 --- --- --- ---

-12-


FUNCTIONS, PROGRAMS AND ACTIVITIES Fund Fund Sewer Fund Fund Revõ1ving Fund

Retirement System Contribution--Employer's Share:Normal........................................ 13,681,133 1,390,272 284,739 168,932 ---

Pensioners Bonus.............................. 679,338 --- --- --- ---

Minimum Pension .............................. 10,000 --- --- --- ---

Employees in Armed Forces .................... 1,000 --- --- --- ---

Pension Expense Fund .............,........... 147,227 14,779 3,027 --- ---

FICA Tax--Employer's Share ................... 3,800,000 900,000 520,000 68,280 ---

WORKERS'COMPENSATION:§h>rkers' Compensation,.............................. 3,000,000 450,000 150,000 1,260 ---

UNEMPLOYMENT COMPENSAT ION:Unemployment Compensation...;....................... 320,000 10,000 10,000 2,195 ---

CONTRIBUTIONS AND TRANSFERS TO OTHER FUNDS:Transfer to General Fund for Debt Service .......... --- --- 5,645,736 --- ---

Contribution to Urban Redevelopment Fund............ 1,194,536 --- --- --- ---

Central Administrative Service Expenses............. --- 2,099,169 642,013 --- ---

Bus Subsidy......................................... 12,150,418 11,367,337 --- --- ---

UNCLASSIFIED:Han«aii Public Employees Health Fund,

Section 87, HRS, as Amended....................... 4,500,000 320,000 85,000 19,533 ---

Assessment and Collection of RealProperty Tax.............................;........ 3,000,000 . --- --- --- ---

Danaage Claims....................................... 900,000 100,000 --- --- ---

Provision for Salary Adjustments.................... 200,000 50,000 5,000 5,000Provision for Collective Bargaining................. 14,179,317 1,314,000 300,000 140,000 ---

Provision for Accrued Vacation Pay..........,....... 300,000 90,000 6,000 11,725 ---

Reserve for Insurance Claims......i................. 1,582;376 --- --- ---- 3;364;220

TOTAL MISCELLANEOUS.....l.;.......;.;;,..... 60;T43,021 18;146,605 -7,651 515 416,925 .5,564,220

DEST SERVICESERLAL BOND PRINCIPAL:

City and County Bonds............................... 13,505,701 2,777,299 --- --- ---

INTEREST--SERIAL BONDS AND BONDAlftICIPATIONNOTES:City and County Bonds............................... 9,776,679 2,127,114 --- --- ---

TOTAL DEPT SERVICE.......................... 23,282,380 4,904,413 --- --- ---

TOTAL APPROPRIATIONS........................ 213,687,901 42,883,380 22,600,150 1,408,536 41,674,755

LESS: INTER-FUND TRANSFER................. 13:344,954 13,466,506 6,287,749 --- --

NET TOTAL APPROPRIATIONS............,....... $200,342,947 $ 29,416,874 $ 16,312,401 $ 1,408,536 $ 41,674,755-13-

SECTION 3. (a) Multi-purpose Federal monies. Whenever the City and County of Honolulu receives any monies from the UnitedStates of America for multi-purposes, the Director of Finance shall immediately notify the City Council in writing of the receipt ofsuch funds and the primary and/or alternative purposes for which they have been received and for which they are being held.

No expendituresof such funds shall be approved by the Director of Finance until such time as the City Council has authorizedsuch expendituresby the enactment of a budget ordinance appropriating such funds in accordance with applicable Charter provisions,ordinances and other legal requirements.

The provisions of the preceding paragraphs hereinaboveshall not apply to funding involving Community Development Block Grant(s)or Comprehensive Employment Training Act Grants. Expenditureof these funds shall be by Council adopted Resolutions subject to the City'saccounting procedures involving expendituresof the City's own funds.

Until the enactment of the budget ordinance(s) by the City Council, the Director of Finance shall maintain such specialreceipt of funds in special accounts showing the monies so received and specifying the purpose for which they have been so receivedand for which they are being temporarily held. Initiation of a bill for an ordinance appropriating said fund shall be submittedto the City Council as soon as possible after receipt of such fund(s) by the Executive Branch, through its Mayor.

(b) Monies from other sources. Whenever the City and County of Honolulu receives any monies, based upon funding of grant g iapplications which have been formally authorized by the City Council in conformity with Article 8, Chapter 1 of the Revised Ordinances i \of Honolulu 1969, as amended, and included in the Budget's estimated revenues, from the United States of America for a single purpose, CD 6from the State of Hawaii, or from any public or semi-public agency or from any private person, firm or corporation, which are not Û0general fund realizations, the Director of Finance shall maintain special funds or accounts showing the monies so received and specifying Ithe purpose for which they have been received and for which they are held. The expenditures necessary from any such fund or account, inorder to carry out the purpose for which such monies have been received or for which such fund or account is being maintained, shall beapproved by the Director of Finance and all such receipts, subject to the condition precedent of the City Council being formallynotified in writing of its receipt within ten 40) days thereof, are hereby appropriated for expenditure in accordance with the termsand conditions under which said monies have been received by the City and County of Honolulu. The receipt of any monies not included inthe Budget's estimated revenues shall be deposited and maintained in a special account by the Director of Finance until such time as theCouncil enacts a budget ordinance appropriating such funds in accordance with applicable Charter provisions, ordinances and other legalrequirements. Receipt of such funds shall be communicated to the City Council within two (2) days of its receipt by the Director ofFinance. A bill for an ordinance appropriating such fund(s) shall be submitted to the City Council by the Executive Branch, throughits Mayor, as soon as possible.(c) Reimbursement of funds received from any source for which the City had previously expended monies from its budgetedappropriations shall be held in a special account by the Director of Finance until such time as the City Council enacts a budgetordinance appropriating such funds in accordance with applicable Charter provisions, ordinances and other legal requirements.Receipt of any reimbursement shall be communicated to the City Council within two (2) days of its receipt by the Director of Finance.

-14-

SECTION 4. In the event there are monies in any fund of the City and County of Honolulu, with the exception of the pensionor retirement funds or funds set aside for redemption of bonds or for the payment of interest thereon or funds collected pursuant to thePark Dedicafion Ordinance or private trust funds, which, in the judgment of the Director of Finance, are in excess of the amountsnecessary for the immediate requirement of such fund and where, in his judgment, such action will not impede or hamper the necessaryfinancial operations of the City, the Director of Finance is hereby authorized to make temporary transfers or loans therefrom withoutinterest to any fund. The Director of Finance shall aubmit a forecast of cash positions for all funds for each month of the forthcomingquarter, and provide such information as to 1) amount of transfer or loan requirement; 2) reason or justification for the transfer orloan; 3) source of funding to reimburse or repay the transfer or loan, etc. At the close of each month, the Director of Finance shallsubmit a Combined Statement of Cash Receipts and Disbursements showing for each individual fund the cash balances at the start of theaccounting period, cash receipts and disbursements during the period, and the cash balance at the end of the period.SECTION 5. The term "agency" as used in this Ordinance shall mean any department, bureau, office, utility, board orcommission of the City and County of Honolulu, as the case may be.

I

SECTION 6. In proposing any program or project as part of the basic budget or a supplementary budget funded from whateversource, the Administration is directed to furnish the City Council with full details including the total scope of the proposedproject or program, the total cost from whatever source, identification of the source of funding, the total number of years involved,the phasing of the project by years, and any other data as may be pertinent and needed by the City Council. The provision appliesto: (a) the proposing and implementationof any new program, project or activity; and (b) the expansion or reduction of any existingor previously authorized program, project or activity. The Administration shall furnish the aforementioned information in sufficienttime in order that the City Council may have adequate time to deliberate in regular scheduled sessions.SECTION 7. The term "encumbering" shall mean the recognition of an expenditureor obligation in the form of a purchaseorder, a signed contract or a salary commitment form executed by the Civil Service Department which is chargeable to an applicationand for which a part of the appropriation is reserved.SECTION 8. If any portion of this Ordinance, or the application thereof to any person or circumstance is held to be invalidfor any reason, the City Council hereby declares that the remainder of the Ordinance and each and every other provision thereofshall not be affected thereby. If any portion of a specific appropriation is held to be invalid for any reason, the remainingportion shall be independent of the invalid portion and such remaining portion shall be expended to fulfill the objective of suchappropriation to the extent possible.

-15-

SECTION 9. This Ordinance shall take effect on July 1, 1980.


Honolulu, Hawaii


puty Corporadon C nsel

Approved this 13th day of /

, 1980.


Councilmembers

80-43-16-

Draft 2

CAPITAL BUDGET ORDINANCEFOR THE FISCAL YEAR JULY 1, 1980 TO JUNE 30, 1981

Am. (AEC)

Ord. 80-44' Ord.Am.

N CE NO.

Ord. Ord.B

A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENT APPROPRIATIONS FOR THE FISCAL YEAR JULY 1, 1980 TO

JUNE 30, 1981.


SECTION 1. The revenues from the following sources estimated for the fiscal year July 1, 1980 toJune 30, 1981 are hereby provided and appropriated to the funds for the purposes as set forth in Section 2;

CURRENT REVENUES •

Bikeway Fund................................ $ ·424,000 Mg

Parks and Playgrounds RevolvingFund........ 732,689 .!Federal Revenue Sharing Fund................ 16,433,000 40

TOTAL............................. $17,585,689

SECTION 2. The revenues from the foregoing sources in Section 1 above for the fiscal year July 1, 1980to June 30, 1981 are appropriated to the following projects:

Parks andPlaygroundsRevolving Bikeway Federal Revenue

Fund Fund Sharing Fund


BUILDING DEPARTMENTPearl City Corporation Yard;.................... $ --- --- 285,000

TOTAL GENERAL GOVERNMENT............. --- --- 285,000


BUILDING DEPARTMENTPearl Ridge Fire Station........................ --- --- 255,000Wahiawa Police Station Replacemente............. --- --- 513,000

Fire Protection:FIRE DEPARTMENT

Pearl Ridge Fire Station.,...................... --- --- 155,000

Other Protection:DEPARTMENT OF PUBLIC WORKS--Division of Engineering

Aina Haina Slide Restoration, Phase II.......... --- --- 365,000CD

TOTAL PUBLIC SAFETY..,...,.........., --- --- 1,288,000 . $Û

HIGHWAYS AND STREETSBikeways and Bikepaths:

DEPARTMENT OF PUBLIC WORKS--Division of EngineeringDate Street Bikeway............................. --- 110,000 ---

Kapahulu Avenue Bikeway......................... --- 40,000 ---

Punahou and Philip Streets and KalakauaAvenue Bikeway................................ --- 270,000 ---

Highways, Streets and Roadways:DEPARTMENT OF PUBLIC WORKS--Division of Engineering

Hamakua Drive.................................., --- --- 600,000Kalanianaole Highway--Left Turn Channelizations. --- --- 45,000Kalaniiki Street Reconstruction................. --- --- 250,000Kuhio Avenue Widening from Kaiulani kvenue

to Kapahulu Avenue............................ --- --- 1,270,000University Avenue Widening...................... --- --- 300,000

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Improvement District--General:DEPARTMENT OF PUBLIC WORKS--Division of Engineering

Moiliili Triangle Improvement District.......... --- --- 248,000

Bridges, Viaducts and Grade Separations:DEPARTMENT OF PUBLIC WORKS--Division of Engineering

Kalanianaele Highway Box Culvert atInoaole Stream..............................,. --- --- 132,000

Kalanianaole Highway Bridge overKahawai Stream --- --- 140,000

Kalanianaole Highway Bridge overWaimanalo Stream.............................. --- --- 210,000

Storm Drainage:DEPARTMENT OF PUBLIC WORKS--Division of Engineering '

East Honolulu Drainage Projects................. --- --- 250,000 Ñ¾Kaulike Drive Relief Drain...................... --- --- 125,000 R$

McCully Street-Ala Wai Boulevard DrainReconstruction................................ --- --- 220,000

Pacific Heights Road Drain...................... --- --- 300,000Paokalani Avenue and Cartwright Road

Temporary Drain............................... --- --- 17,000Ponohana Loop Relief Drain...................... --- --- 150,000Royal Hawaiian-Kalakaua Avenues Relief Drain.... --- ---

' 100,000Twenty-Second Avenue Drainage Improvement....... --- --- 140,000Young Street Drainage Improvements.............. --- --- 70,000

Street Lighting:DEPARTMENT OF TRANSPORTATION SERVICES

Waialae-Kahala Area Street Lighting............. --- --- 42,000

TOTAL HIGHWAYS AND STREETS......... --- 420,000 4,609,000

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DEPARTMENT OF PUBLIC WORKS--Division of Wastewater ManagementRoyal Hawaiian Avenue Sewers.......,............ --- --- 100,000Seaside Avenue Sewer, Waikiki................... --- --- 80,000'Waimanalo Sewers................................ --- --- 85,000

TOTAL SANITATION................. --- --- 265,000


DEPARTMENT OF PARKS AND RECREATIONAhuimanu Neighborhood Park...................··· 16;660 --- ~¯¯

Ala Wai Field.............•••••••••••·••·••··••• 22,326 ¯¯¯ 10,000Booth Playground................................ --- --- 200,000Cartwright Field................................ --- --- 17,000 -

Crane Playground................................ --- --- 25,000 pCrestview Neighborhood Park..................... ·--- --- 20,000 R$

- Date Street Mini Park........................... 20,743 --- --- iEnchanted Lake Park............................. --- --- 150,000 C)Ewa Beach Community Park........................ --- --- 270,000 ÛÛHaihaione Neighborhood Park..................... --- --- 100,000Hoaloha Park (Salt Lake Neighborhood Park)...... 12,323 --- ---

Hokuahiahi Park................................. --- --- 25,000Honowai Park............,....................... --- --- 50,000Kahaluu Regional Park........................... 34,471 --- ---

Kailua Field.................................... 198,150 --- 325,000Kaimuki Recreation Center....................... --- --- 40,000Kalaepohaku Playground.......................... --- --- 25,000Kalama Valley Community Park.................... 78,832 --- 410,000Kalihi Uka Playground........................... 30,789 --- ---

Kamanele Square................................. 14,700 --- ---

Kamiloiki Neighborhood Park..................... --- --- 400,000Kamokila Park................................... --- --- 60,000Kaneohe District Park........................... 8,747 --- ---

Kapaolono Field................................. 28,700 --- ---

Kapiolani Park, Diamond Head Tennis Center...... --- --- 150,000

-4-


Fund Fund sharing Fund

Kilauea Field................................... --- --- 1,910,000Kuahelani Park....................,............. ---

--- 30,000Kuliouou Neighborhood Park...................... ---

--- 40,000Laie Beach Park................................. --- --- 150,000Makaha Beach Park............................... --- --- 100,000Makaha Playground.....t......................... --· --- 20,000Makakilo Community Park......................... --- --- 50,000Makakilo Park................,.................. ---

--- 35,000Makiki District Park............................ 126,305 --- 200,000Manoa Valley Field.......,...................... 16,026 --- ---

Mauka Lani Park................................. ------ 102,000

Maunalua Bay Beach Park......................... --- --- 20,000McCully Recreation Center....................... 16,088 --- 30,000Mililani District Park.......................... ---

--- 1,800,000Miscellaneous Park Improvements................, --- --- 198,000Moiliili Field.................................. ---

--- 15,000'

Noholoa Park.........................,.......... ------ 150,000

Nuuanu Valley Park.............................. 2,117 --- ---

Pacific Palisades Park.......................... 4,812 --- 25,000Pearl Ridge Community Park....................... 26,411 --- ---

Petrie Playground.............................., ------ 55,000

Salt Lake District Park......................... --- --- 1,116,000Sheridan Park................................... --- --- 250,000Sunset Beach Neighborhood Park.................. 29,106 --- ---

Waialae Iki Playground.......................... --- --- 240,000Waialua Recreation Center....i.................. 45,383 --- ---

Waiau District Park............................. --- --- 185,000Waikiki Community Center........................ --- --- 400,000Waipahu Cultural Garden Park.................... --- --- 153,000Waipahu Field................................... --- --- 85,000Wilson Playground............................... ,

- --- 350,000

TOTAL CULTURE-RECREATION............. 732,689 --- 9,986,000

TOTAL CAPITAL IMPROVEMENTAPPROPRIATIONS.................... $ 732,689 420,000 16,437,,000

-5-

SECTION 3. (a) Multi-purpose Federal monies. Whenever the City and County of Honolulureceives any monies from theUnited States of America for multi-purposes, the Director of Finance shall immediately notify the City Council in writing of the receiptof such funds and the primary and/or alternative purposes for which they have been received and for which they are being held.

No expendituresof such funds shall be approved by the Director of Finance until such time as the City Council has authorizedsuch expenditures by the enactment of a budget ordinance appropriating such funds in accordance with applicable Charter provisions,ordinances and other legal requirements.

The provisions of the preceding paragraphs hereinabove shall not apply to funding involving Community Development Block Grant(s)or Comprehensive Employment Training Act Grants. Expenditure of these funds shall be by Council adopted Resolutions subject to the City'saccounting procedures involving expendituresof the City's own funds.

Until the enactment of the budget ordinance(s) by the City Council, the Director of Finance shall maintain such special receiptof funds in special accounts showing the monies so received and specifying the purpose for which they have been so received and forwhich they are being temporarily held. A bill for an ordinance appropriating said fund shall be submitted to the City Council as soonas possible after receipt of such fund(s) by the Executive Branch, through its Mayor.

(b) Monies from other sources. Whenever the City and County of Honolulu receives any monies, based upon funding of grant .applications which have been formally authorized by the City Council in conformity with Article 8, Chapter 1 of the Revised Ordinancesof Honolulu 1969, as amended, and included in the Budget's estimated revenues, from the United States of America for a single purpose,from the State of Hawaii, or from any public or semi-public agency or from any private person, firm or corporation, which are notgeneral fund realizations, the Director of Finance shall maintain special funds or accounts showing the monies so received andspecifying the purpose for which they have been received and for which they are held. The expendituresnecessary from any such fund oraccount, in order to carry out the purpose for which such monies have been received or for which such fund or account is being maintained,shall be approved by the Director of Finance and all such receipts, subject to the condition precedent of the City Council being formallynotified in writing of its receipt within ten (10) days thereof, are hereby appropriated for expenditure in accordance with the terms andconditions under which said monies have been received by the City and County of Honolulu. The receipt of any monies not included in theBudget's estimated revenues shall be deposited and maintained in a special account by the Director of Finance until such time as the Councilenacts a budget ordinance appropriating such funds in accordance with applicable Charter provisions, ordinances and other legalrequirements. Receipt of such funds shall be communicated to the City Council within two (2) days of its receipt by the Director ofFinance. A bill for an ordinance appropriating such fund(s) shall be submitted to the City Council as soon as possible from the dateof receipt of such fund(s) by the ExecutiveBranch, through its Mayor.

-6-

(c) Reimbursement of funds received from any source for which the City had previously expended monies from its budgetedappropriations shall be held in a special account by the Director of Finance until such time as the City Council enacts a budgetordinance appropriating such funds in accordance with applicable Charter provisions, ordinances and other legal requirements.Receipt of any reimbursement shall be communicated to the City Council within two (2) days of its receipt by the Director of Finance.

SECTION 4. Estimated receipts from improvement district assessments may be appropriated to the funds and for the purposesset forth in the applicable assessment ordinances hereafter enacted.

SECTION 5. In the event there are monies in any fund of the City and County of Honolulu, with the exception of the pension orretirement funds or funds set aside for redemption of bonds or for the payment of interest thereon or funds collected pursuant to thePark Dedication Ordinance or private trust funds, which, in the judgment of the Director of Finance, are in excess of the amountsnecessary for the immediate requirement of such fund and where, in his judgment, such action will not impede or hamper the necessaryfinancial operations of the City, the City Council may authorize by resolution, adopted on one reading and without publication, temporarytransfers or loans therefrom, without interest, to any fund. The Director of Finance shall submit a forecast of cash positions for allfunds for each month of the forthcoming quarter, and provide such information as to 1) amount of transfer or loan requirement; 2) reason ,or justification fo,r the transfer or loan; 3) source of funding to reimburse or repay the transfer or loan, etc. At the close of eachnunath, the Director of Finance shall submit a Combined Statement of Cash Receipts and Disbursements showing for each individual fund thecash balances at the start of the accounting period, cash receipts and disbursements during the period, and the cash balance at the endof the period.

COSECTION 6. Any appropriations authorized in the executive capital budget ordinance or any supplementary appropriation, uponits lapsing or remaining unencumbered at the end of the fiscal year and six (6) months thereafter shall not be expended except by City(knincil's action.

SECTION 7. If any portion of this ordinance, or the application thereof to any person or circumstance is held to be invalidfor any reason, the City Council hereby declares that the remainder of the ordinance and each and every other provision thereof shall notkna affected thereby. If any portion of a specific appropriation is held to be invalid for any reason, the remaining portion shall beindependent of the invalid portion and such remaining portion shall be expended to fulfill the objective of such appropriation to theerstemat possible.

SECTION 8. This Ordinance shall take effect on July 1, 1980,

-7-

DATE OF INTRODUCTION: INTRODUCED BY:

MARCH 5, 1980


Depœr d' oun

13thAPPROVED THIS day ofJune

, 1980.


Councilmembers

80-44 '

-8-

CAPITAL IMPROVEMENT PROGRAMFISCAL YEAR 1980-81


BUILDING DEPARTMENTPearl City Corporation Yard...................................................... $ 285,000

Construction of a new parking shed, shower, locker, toiletand office building, asphalt concrete paving area, utilityconnection and relocating refuse office.

Construction...................... $ 285,000


BUILDING DEPARTMENTPearl Ridge Fire Station......................................................... 255,000

Additional funds required to supplement FY 1979-80 appropriationfor planning, engineering and construction to quarter anew engine company and a new aerial ladder company.

Planning and Engineering......... 15,000Construction..................... 240,000

Wahiawa Police Station Replacement............................................... 513,000Construction of new police station to consist of a S-acresite with facilities to provide full police servicefor District II and replace the existing facility.

Construction..................... 513,000

Fire Protection:FIRE DEPARTMENT

Pearl Ridge Fire Station......................................................... 155,000Additional funds required to supplement FY 1979-80 appropriationfor equipment acquisition.

Equipment........................ 155,000

Other Protection:DEPARTMENT OF PUBLIC WORKS--Division of Engineering

Aina Haina Slide Restoration, Phase II...........,........,...................... $ 365,000Land acquisition and construction for the stabilizationand restoration of public facilities, roadways, sidewalksand utilities.

Land............................. $ 5,000Construction..................... 360,000

HIGHWAYS AND STREETSBikeways and Bikepaths:

DEPARTMENT OF PUBLIC WORKS--Division of EngineeringDate Street Bikeway........................,.......................,.........,... 110,000

Plan and construct a bikeway on Date Street between Kapahuluand University h¢enues,


Kapahulu Avenue Bikeway.......................................................... 40,000Construct bikeway on Kapahulu Avenue between Kalakaua Avenueand Ala Wai Boulevard. 00

Construction..................... 40,000

Punahou and Philip Streets and Kalakaua Avenue Bikeway............,.............. 270,000Construct a bikeway on Punahou Street between King and PhilipStreets, on Philip Street between Punahou and Kalakaua Avenueand on Kalakaua Avenue between Philip Street and KapiolaniBoulevard.

Construction..................... 270,000

Highways, Streets and Roadways:DEPARTMENT OF PUBLIC WORKS--Division of Engineering

Hamakua Drive.................................................................... 600,000Surcharging of roadway for subsequent construction ofHamakua Drive.

Construction..................... 600,000

-2-

KalanianaoleHighway Left Turn Channelizations.................................. $ 45,000Widening on Kalanianaole Highway to provide for left turn .

channelizations into Bellows Field, Poalima Street andWaimanalo Bay Regional Park entrance.

Construction..................... $ 45,000

Kalaniiki Street Reconstruction.................................................. 250,000Planning, engineering and reconstruction of 2,000 feet ofdamaged street, including reconstruction of pavement andgutters.


Kuhio Avenue WidenÌng from Kaiulani Avenue to Kapahulu Avenue.................... 1,270,000Additional funds required to supplement FY 1979-80appropriation for the construction of approximately 2,400feet of street improvements and related utilities, includinggrading, paving, gutters, curbs, sidewalks, drainage andstreet lighting systems, sewer and water system adjustmentsand traffic controls.

CConstruction..................... 1,270,000 gg

University Avenue Widening....................................................... 300,000Construction to improve University Avenue width from OahuAvenue to Maile Way including curbs, gutters, sidewalks,upgrading of drainage system and adjustments to the water,street lighting and sewer system.

Construction..................... 300,000

Improvement District--General:DEPARTMENT OP PUBLIC WORKS--Division of Engineering

Moilii11 Triangle Improvement District........................................... 248,000Construction of 1.08 miles of new improvements, grading, paving,curbs, gutters, sidewalks, street lights, drains, sewer andwater systems.

Construction..................... 248,000

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Bridges, Viaducts and Grade Separations:DEPARTMENT OF PUBLIC WORKS--Division of Engineering

Kalanianaole Highway Box Culvert at Inoaole Stream............................... $ 132,000Lengthening of an existing reinforced concrete box culvertto the full road right-of-way width.

Construction..................... $ 132,000

Kalanianaole Highway Bridge over Kahawai Stream.....,............................ 140,000Widening of an existing reinforced concrete bridgeto the full road right-of-way width.

Construction..................... 140,000

Kalanianaole Highway Bridge over Waimanalo Stream................................ 210,000Widening of an existing two-span reinforced concretebridge to the full road right-of-way width.

Construction..................... 210,000

Storm Drainage: zyDEPARTMENT OF PUBLIC WORKS--Division of Engineering i

East Honolulu Drainage Projects..............................,.................. 250,000 C)Land acquisition, planning and engineering to provide 00

drainage and alleviate flooding in Aina Haina, Niu andKuliouou areas.

Land............................. 50,000Planning and Engineering......... 200,000

Kaulike Drive Relief Drain, Pearl City...................,...................... 125,000Land acquisition and construction of catch basins, drainmanholes and approximately570 feet of pipe drain system.

Land........................,.... 10,000Construction..................... 115,000

McCully Street-Ala Wai Boulevard Drain Reconstruction, Waikiki................... 220,000Constructionof approximately320 feet of pipe drainagesystem extending along McCully Street from Ala Wai Canalto an existing drain line at the midblock of McCully Streetand Ala WCain

tce dn... .utilities adjust0me0nt0s.

Pacific Heights Road Drain...................................................... $ 300,000Constructionof 700 feet of pipe drain system fromthe existing pipe drain.

Construction...................., $ 300,000

Paokalani Avenue and Cartwright Road Temporary Drain... ......................... 17,000Construction and installation of drainage pipe betweenLemon Road and Kuhio Avenue connecting to a concretebox drain on Kuhio Avenue.

Construction..................... 17,000

Ponohana Loop Relief Drain, Waimalu.............................................. 150,000Construction of a cement rubble masonry slope protectionwall along the upper slopes of Ponohana Loop.

Construction..................... 150,000

Royal Hawaiian - Kalakaua Avenue Relief Drain, Waikiki........................... 100,000Construction of approximately410 feet of pipe drainsystem extendingalong Kalakaua Avenue from SeasideAvenue to Royal Hawaiian Avenue including utilitiesadjustments.

Construction..................... 100,000

Twenty-Second ihrenue Drainage Improvement, Kaimuki............................... 140,000Construction of approximately570 feet of pipe drain systemextending from the existing box drain.

Construction..................... 140,000

Young Street Drainage Improvements..................................,............ 70,000Construction of approximately1,100 feet of pipe drain systemextending from Isenberg Street to McCully Street includingadjustmentto existing facilities.

Construction..................... 70,000

Street Lighting:DEPARTMENT OF TRANSPORTATION SERVICES

Waialae-Kahala Area Street Lighting............................................. $ 42,Ö00Planning and engineering for Phase III, IV, and V ofstreet lighting project.

Planning and Engineering..........$ 42,000


DEPARTMENT OF PUBLIC WORKS--Division of Wastewater ManagementRoyal Hawaiian Avenue Sewer..................................................... 100,000

Construction of 650 feet of 12-inch pipe in the roadwaybetween Kuhio and Kalakaua Avenues.

Construction..................... 100,000

Seaside Avenue Sewer, Waikiki.................................................... 80,000Constructionof 560 feet of 10-inch pipe in the roadwaybetween Kuhio Avenue and Ala Wai Boulevard, if

Construction..................... 80,000C)

Waimanalo Sewers...................,.....................,............,.......... 85,000 ÛÛLand acquisition of easements for Sections II, III, IVand V.

Land............................. 85,000


DEPARTMENT OF PARKS AND RECREATIONAhuimanu Neighborhood Park....................................................... 16,660

Repave play apparatus area.

Construction..................... 16,660

Ala Wai Field.................................................................... 32,326Construction of enclosed showers, lighting for boathousearea, and new ball field bleachers.

Construction.......................... 32,326

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Booth Playground....;............................................................ $ 200,000Additional funds required to supplement FY 1979-80appropriation for the renovation of recreation center.

Construction..................... $ 200,000

Cartwright Field................................................................. .17,000

Construction of scorer's booth, relocate and pave under bleachers, .and relocate foul line fence.

Construction..................... 17,000

Crane Playground.............,................................................... 25,000Constructionof fence from softball spectator stands to end ofplayground building.

Construction..................... 25,000

Crestview Neighborhood Park.......s............,................................. 20,000Master Plan and design six acres of land dedicated to thecity on site adjoining the present park.

Planning and Engineering.............. 20,000

Date Street Mini Park.........................,.................................. 20,743Construct landscaping improvement.

Construction..................... 20,743

Enchanted Lakeliark............................................................... 150,000Upgrading of court lighting and resurfacing of courts.

Construction..................... 150,000

Ewa Beach Community Park..........,.............................................. 270,000Construction of an enclosed extensionof the existingrecreation building.

Construction..................... 270,000

Hahaione NeighborhoodLPark....................................................... 100,000Completion of park facilities to include courts andlandscaping.

Construction..................... 100,000-7-

Hoaloha Park (Salt Lake Neighborhood Park)..........,............................ $ 12,323Construct play apparatus.

Construction..................... $ 12,323

Hokuahiahi Park...............................................................,.. 25,000Planning and engineering for comfort station andacquisition of play apparatus.

Planning and Engineering......... 10,000Equipment........................ 15,000

Honowai Park, Waipahu............................................................ 50,000Site improvement and landscaping.

Construction..................... 50,000

Kahaluu Regional Park.......................,.................................... 34,471Construct security fencing and landscaping improvements.

Construction..................... 34,471

Kailua Field..................................................................... 523,150 iAdditional funds to supplement FY 1979-80 appropriation CDfor the construction of gymnasium (including internal) ÛOand field improvements.

Construction..................... 523,150

Kaimuki Recreation Center, Kaimuki............................................... 40,000Install screens to modify gymnasium windows.

Construction..................... 40,000

Kalaepohaku Playground........................................................... 25,000Constructionof children's play equipment and miscellaneoussite improvements.

Construction..................... 25,000

Kalama Valley Community Park..................................................... $ 488,832Planning and engineering and construction for ball fields,play courts, site work and landscaping; and constructionof irrigation system.

Planning and Engineering......... $ 40,000Construction..................... 448,832

Kalihi Uka Playground............................................................ 30,789Reconstruct playcourts and lighting fixtures.

Construction..................... 30,789

Kamanele Square.................................................................. 14,700Construct security lighting and children's play apparatus.

Construction..................... 14,700

Kamiloiki Neighborhood Park........................,............................. 400,000Construction of four ball courts and lighting.

Construction..................... 400,000

Kamokila Park...............................................................,.... 60,000Construction of play courts. (g)

Construction..................... 60,000

Kaneohe District Park........................,................................... 8,747Construct children's play apparatus.

Construction...................... 8,747

Kapaolono Field.................................................................. 28,700Construct walkways, fencing and repave play apparatusarea,

Construction..................... 28,700

Kapiolani Park, Diamond Head Tennis Center, Waikiki.............................. $ 150,000Construct three tennis courts with lighting andprovide parking at south end of complex.

Construction..................... $ 150,000

Kilauea Field, Kahala............................................................ 1,910,000Planning, engineering and construction of gymnasium-recreation center complex at established park next toKaimuki Intermediate School.

Planning and Engineering......... 50,000Construction..................... 1,860,000

Kuahelani Park................................................................... 30,000Planning and engineering for outdoor courts and acquisitionof play apparatus.

Planning and Engineering......... 15,000Equipment........................ 15,000

Kuliouou Neighborhood Park....................................................... 40,000 zgPlanning and engineering for basic site improvements. I

C>Planning and Engineering......... 40,000 00

Laie Beach Park.................................................................. 150,000Constructionof site improvements and comfort stations.

Construction..................... 150,000

Makaha Beach Park..........................................,..................... 100,000Construction of new bathhouse and demolition of oldbathhouse, site improvement..

Construction..................... 100,000

Makaha Playground................................................................ 20,000Planning and engineering of pavilion recreation building.

Planning and Engineering......... ... 20,000

-10-

Makakilo Community Park.......................................................... $ 50,000Planning and engineering for site improvements, sprinklersystem, ball courts, play courts, and comfort station.

Planning and engineering......... $ 50,000

Makakilo Park................................................................,... 35,000Planning and engineering for softball field lights, swimmingpool, outdoor courts and retaining wall.

Planning and Engineering (Lights) 20,000Planning and Engineering (Wall).. 5,000Construction..................... 10,000

Makiki District Park............................................................. 326,305Renovation of buildings, play courts, land acquisition,improvements to buildings, playground development andlandscaping.

Construction..................... 286,305Land............................. 40,000

Manoa Valley Field...................,.....................,............,......... 16,026Construct children's play apparatus.

Construction..................... 16,026

Mauka Lani Park..................,............................................... 102,000Planning, engineering and construction of comfort station.


Maunalua Bay Beach Park.......................................................... 20,000Construction of outdoor shower and security lighting.

Construction..................... 20,000

McCully Recreation Center........................................................ 46,088Construct basketball court lights, portable bleachers, securityfencing and children's play apparatus.

Construction..................... 46,088

-11-

Mililani District Park........................................................... $ 1,800,000Planning and engineering for olympic sized swimming pool andconstruction of gym, baseball lights and multi-purposerecreation center.

Planning and Engineering......... $ 50,000Construction..................... 1,750,000

Miscellaneous Park Improvements.................................................. 198,000Miscellaneous park improvements including projects that are toominor to program individually. Included are initial installation,construction or replacement costs of sprinkler systems, lightingsystems, pavings, sewage and drainage improvements, fencing andretaining walls, beautification and landscaping costs, playapparatus, picnic facilities, dugouts, bleachers, park signswhen first constructed or acquired and materials for dugouts andbenches.

Construction..................... 198,000

Moiliili Field................................................................... 15,000 Wþ

Construction of scorer's box and children's play apparatus. I

Construction..................... 15,000 Û0

Noholoa Park..................................................................... 150,000Construction of outdoor courts, comfort station and playapparatus.

Construction..................... 150,000

Nuuanu Valley Park...............................,...........................,... 2,117Construct rock wall on Diamond Head boundary.

Construction..................... 2,117

Pacific Palisades Park..............................,............................ 29,812Planning and engineering for tennis courts and constructionof retaining wall.


-12-

Pearl Ridge Community Park....................................................... $ 26,411Construct children's play apparatus and fencing.

Construction..................... $ 26,411

Petrie Playground............................,................................... 55,000Planning and engineering for court reconstruction andstaff sanitary facilities.

Planning and Engineering......... 55,000

Salt Lake District Park.......................................................... 1,116,000Additional funds required to supplement FY 1979-80appropriation for the planning and engineering andconstruction of gymnasium/recreation center complexand parking.


Sheridan Park.................................................................... 250,000Construction of play court, building improvements, landscaping,and picnic tables.

Construction..................... 250,000

Sunset Beach Neighborhood Park................................................... 29,106Construct children's play apparatus and landscaping improvements.

Construction..................... 29,106

Waialae Iki Playground........................................................... 240,000Completion of site improvements.

Construction...........,......... 240,000

Waialua Recreation Center........................................................ 45,383Construct additional parking and gymnasium renovations.

Construction..................... 45,383

Waiau District Park.............................................................. 185,000Site improvements, Phase I.

Construction..................... 185,000

Waikiki Community Center..,...................................................... $ 400,000Planning, engineering and construction of multi-purposecommunity center in Waikiki to provide recreationalfacilities for the elderly including a community healthcenter, mental health clinic, community meeting rooms andfacilities for child care center.

Planning and Engineering........, $ 50,000Construction..................... 350,000

Waipahu Cultural Garden Park..................................................... 153,000Constructionof site improvements and roadways.

Construction..................... 153,000

Waipahu Field.................................................................... 85,000Reconstruction of gymnasium.

Construction..................... 85,000

Wilson Playground, Waialae Nui....,............................................... 350,000Planning, engineering and construction to improve playground R$

by enlarging present recreation/administration building with Iplans to construct tennis courts with lights. 40

00


-14-

(ZD)

ORDINANCE NO. 80-45 / BILL NO· (1980)(Draft No. 1)

A BILL FOR AN ORDINANCE AMENDING SECTION III A(1) RELATING TO EXPIRATIONDATE OF ORDINANCE NO. 79-67, REGULATING FOR AN INTERIM PERIOD THEISSUANCE OF BUILDING PERMITS IN CERTAIN ZONING DISTRICTS IN THE GENERALAREA REFERRED TO AS THE "KAPAHULU-KAIMUKI-WAIALAENUI" AREA.


SECTION I. The wording of Section III A(l) of OrdinanceNo. 79-67 is amended by repealing the bracketed material and addingthe underscored material as follows:

From the effective date of this ordinance until[sTone 30, 1980] June 30, 1981, no applicationsfor building permits shall be accepted withinthe area designated as the Kapahulu-Kaimuki-

' Waialae Nui Interim Development Control Area onthe Interim Development Control Map except underthe limitations provided in Section III A-(2)hereinbelow.In the event the Kapahulu-Kaimuki-Waialae Nuidevelopment plan or plans and zoning ordinancesadopted pursuant thereto covering the same areashall be enacted prior to the specified datementioned hereinabove, the area within suchdevelopment plans shall be thereafter excludedfrom the provisions of this ordinance.

SECTION II. This ordinance shall take effect upon its approval.INTRODUCED BY:


APRIL 9, 1980Honoluiu, Hawaii




of June , 1980.

Councilmembers

RANK F. FA If ayorCity and County of Honolulu

80-45

(ZD)

ORDINANCE NO· BILL NO. 35 (isso)(Draft No. 1)

A BILL FOR AN ORDINANCE AMENDING SECTION III A(1) RELATING TO THEEXPIRATIONDATE OF ORDINANCE NO. 79-80, REGULATING FOR AN INTERIMPERIOD THE ISSUANCE OF BUILDING PERMITS IN CERTAIN 30NING DISTRICTSIN THE GENERAL AREA REFERRED TO AS THE "WAIALAE-KAHALA" AREA.


SECTION I. The wording of Section III A(1) of OrdinanceNo. 79-80, is.hereby amended by repealing .the bracketed materialand adding the underscored material as follows:

From the effective date of this ordinance until[June 30, 19801 June 30, 1981, no applicationsfor building permits shall be accepted withinthe area designated as the Waialae-Kahala InterinDevelopment Control Area on the Interim DevelopmentControl Map except under the limitations provided inSection III A(2) hereinbelow:In the event the Waialae-Kahala development plan orplans and zoning ordinances adopted pursuant theretocovering the same area shall be enacted prior to thespecified date mentioned hereabove, the areawithin such development plans shall be thereafterexcluded from the provisions of this ordinance.

SECTION II. This ordinance shall take effect upon its approval.I ODUCED BY:


APRIL 9, 1980

Honolulu, Hawaii




of June , 1980.Councilmembers

FRANK F. FAS ayor 'City and County of Honolulu

80-•46

(ZD)

ORDINANCE No. 80-47 BILL NO. 36 (1980)(Drat't No. l)

A BILL FOR AN ORDINANCE AMENDING SECTION III A(1) RELATING TO THEEXPIRATION DATE OF ORDINANCE NO. 77-96, AS AMENDED, REGULATING FOR ANINTERIM PERIOD THE ISSUANCE OF BUILDING PERMITS IN CERTAIN ZONINGDISTRICTS IN THE GENERAL AREA REFERRED TO AS THE EWA BEACH AREA, ANAREA GENERALLY BOUNDED BY THE RESIDENTIAL ZONING DISTRICT BOUNDARIESAND THE EWA BEACH SHORELINE, PENDING ADOPTION OF A NEW DEVELOPMENTPLAN COVERING THE EWA BEACH AREA AND THE COMPLETION OF THE HONOULIULISEWAGE TREATMENT PLANT AND SEWER SYSTEM.


SECTION I. The wording of Section III A(1) of OrdinanceNo. 77-96, as amended, is further amended by repealing the bracketedmaterials and adding the underscored material as follows:

From the effective date of this ordinance until[June 30, 1980¾ June 30, 1981, no applications for

building permits or subdivisions shall be acceptedfor any development within any zoning districtsin the area designated as the Ewa Beach InterimDevelopment Control Area on the Interim DevelopmentControl Map which require use of private sewagetreatment plants.

In the event a Development Plan and zoning ordinancesadopted pursuant thereto covering the Ewa Beacharea shall be enacted and the Honouliuli SewageTreatment Plant and System shall be available forhookup prior to the specified date mentionedhereinabove, this ordinance shall expire on theeffective date of said new development plan, zoningordinances and hookup availability.

SECTION II. This ordinance shall take effect upon approval.IN ODUCED BY:


APRIL 9, 1980

Honolulu, Hawaii




of,-, June , 1980.

Councilmembers

FýANK F. FAS , ayorCity and County of Honolulu

80 -47

(ZD)ORDINANCE No. 80-48' / BILL NO• ÛŸ (1980)

(Draft No. 1)

A BILL FOR AN ORDINANCE AMENDING SECTION III-A (1) RELATING TO THEEXPIRATIONDATE OF ORDINANCE NO. 77-84, AS AMENDED, REGULATING FORAN INTERIM PERIOD THE ISSUANCE OF BUILDING BERMITS FOR DWELLINGS,CHURCHES AND VACATION CABINS WITHIN AGRICULTURAL ZONING DISTRICTSIN THE CITY AND COUNTY OF HONOLULU.


SECTION I. The wording of Section III-A(1) of OrdinanceNo. 77-84, as amended, is further amended by repealing the bracketedmaterials and adding the underscored material as follows:

From the effective date of this ordinance until[June 30, 19801 June 30, 1981, or the date ofapproval of amendment to the Comprehensive Zoningordinance referred to in Section I.A. 6 of thisordinance whichever occurs earlier, no applicationsfor use or building permit for churches and vacationcabins, shall be accepted within AG-1 and AG-2zoning districts as shown on the exhibits of thisordinance, provided, however, that a dwelling,one-family detached, and any accessory usesappurtenant thereto contained within an area notto exceed 5,000 square feet per existing subdividedlot shall be permitted.


INT DUCED


APRIL 9, 1980

Honoluiu, Hawaii




of June, 1980.

Councilmembers

RANK F. FAS a orCity and Count of Honolulu

80-48

(ZD)ORDINANCE NO• $ BILL NO. QÑ$ (1980)

(Draft No. 1)

A BILL FOR AN ORDINANCE AMENDING SECTION III A(1) RELATING TO EXPIRATIONDATE OF ORDINANCE NO. 78-87, AS AMENDED, REGULATING FOR AN INTERIM PERIODTHE ISSUANCE OF BUILDING PERMITS IN CERTAIN ZONING DISTRICTS IN THEGENERAL AREA REFERRED TO AS THE "McCULLY-MOILIILI-KAPAHULU" AREA.


SECTION I. The wording of Section III A(1) of OrdinanceNo. 78-87, as amended, is further amended by repealing the bracketedmaterial and adding the underscored material as follows:

From the effective date of this ordinance until[June 30, 1980] June 30, 1981, no applicationsfor building permits shall be accepted withinthe area designated as the McCully-Moiliili-Kapahulu Interim Development Control Area on theInterim Development Control Map except under thelimitations provided in Section III A-2(2)hereinbelow.In the event a (1) Special Design District ordinanceor (2) development plan and zoning ordinancesadopted pursuant thereto covering the MoCully-Moiliili-Kapahulu area shall be enacted prior to the specifieddate mentioned hereinabove, such area or areas withinsuch Special Design District Ordinance or developmentplan with zoning ordinances adopted pursuant theretoshall thereafter be excluded from the provisions ofthis ordinance.

SECTION II. This ordinance shall take effect upon its approval.INTRODU 0 :

DATE OF INTRODUCTION: -

APRIL 9, 1980

Honolulu, Hawaii




of June, 1980.

Councilmembers

RANK F. F , MayorCity and County of Honolulu

80-49

(zD)ORDINANCE NO.80-EMS v' BILL NO• (1980)

(Draft No. 1)

A BILL FOR AN ORDINANCE AMENDING SECTION III-A(1) RELATING TO EXPIRATIONDATE OF ORDINANCE NO. 4656, AS AMENDED, REGULÄTING FOR AN INTERIM PERIODTHE ISSUANCE OF BUILDING PERMITS IN CERTAIN ZONING DISTRICTS IN THEGENERAL AREA REFERRED TO AS THE KAILUA TOWN CENTER AREA, AN AREAGENERALLY BOUNDED BY KAELEPULU STREAM, KAWAINUI MARSH, KAWAINUT STREET,KAINALU DRIVE, KUULEI STREET, KAILUA LIBRARY, KAILUA FIELD, KAILUAROAD , AWAKEA ROAD AND KA AWAKEA ROAD .


SECTION I. The wording of Section III-A(1) or OrdinanceNo. 4656, as amended, is further amended by repealing the bracketedmaterial and adding the underscored material as follows:

From the effective date of this ordinance until[June 30, 1980] June 30, 1981, no applicationsfor building permits shall be accepted withinA-3, B-2, and I-1 zoning districts in the areadesignated as the Kailua Town Center InterimDevelopment Control Area on the Interim DevelopmentControl Map.

In the event a Development Plan and zoning ordinancesadopted pursuant thereto covering the Kailua areashall be enacted prior to the specified datementioned hereinabove, this ordinance shall expireon the effective date of said New Development Planand zoning ordinances adopted pursuant thereto.

SECTION II. This ordinance shall take effect upon its approval.INTRODUCED BY:


APRIL 9, 1980

Honolulu, HawaiiAPPROVED AS TO FORM AND

LEGALITY:

D Co o Counsel

APPROVED this 30th day ofJune

, 1980.

Councilmembers

FRANK F. FA ayorCity and Count of Honolulu

80-50

(ZD)

ORDINANCE NO.80-51' /' BILL NO. $Û (1980)(Draft No. 1)

A BILL FOR AN ORDINANCE AMENDING SECTION III-A(1) RELATING TO THEEXPIRATION DATE OF ORDINANCE NO. 4655, AS AMENDED, REGULATING FOR AN

INTERIM PERIOD THE ISSUANCE OF BUILDING PERMITS IN CERTAIN ZONINGDISTRICTS IN THE GENERAL AREA REFERRED TO AS THE KANEOHE TOWN CENTER

AREA.


SECTION I. The wording of Section III-A(1) of Ordinance No. 4655, 1

as amended, is further amended by repealing the bracketed material and *

adding the underscored material as follows:

From the effective date of this ordinance until[June 30, 1980] June 30, 1981, no applicationsfor building permits shall be accepted withinA-3, B-2, and I-1, zoning districts in the areadesignated as the Kaneohe Town Center InterimDevelopment Control Area on the Interim DevelopmentControl Map.

In the event a Development Plan and zoning ordinancesadopted pursuant thereto covering the Kaneohe areashall be enacted prior to the specified date mentionedhereinabove, this ordinance shall expire on theeffective date of said new Development Plan and zoningordinances adopted pursuant thereto.


INTRO UCED BY:

DATE OF INTRODUCTION: V

APRIL 9, 1980

Honolulu, Hawaii


D þ ty Corporation Counsel


June , 1980.Councilmembers

RANK F. FASI, igy rCity and County of Honolulu

80-51

(DLUM)

ORDINANCE NO. 80-52 y/' BILL NO. (.1980)[DRAFT NO. 1)

A BILL FOR AN ORDINANCE TO AMEND THE GENERAL PLAN DETAILED LANDUSE MAP FOR KANEOHE, HEEIA, KARALUU, WAIHEE, KAALAEA, HAKIPUU,AND.KUALOA BY REDUCING TEE DESIGNATED RIGHT-OF-WAY WIDTH FOR APORTION OF KAMEHAMEHA HIGHWAY IN KANEOHE, DAKU HAWAII.

BE IT ORDAINED by the People of the City and County of Honolulu:SECTION I. A portion of the General Plan Detailed Land Use

Map for Kaneohe,.Heeia, Kahaluu, Waihee, Kaalaea, Hakipuu, andKualoa is hereby amended by reducing the designated right-of-waywidth of .Kamehameha Highway from 100 feet to 84 feet betweenPaleka Road.and Kahuhipa Street in Kaneohe as shown on the mapattached hereto, marked Exhibit A, and,by reference made a parthereof.


InE D BY

Councilmen


MAY 7, 1980

Eonolulu, HawaiiAPPROVED AS TO FORMAND LEGALITY:


Approved this 30th day of June, 1980.

RANK F. FS MayorCity and Co ty of Honolulu

Fbr†ior> ofDETAILED LAND USE MAP

ANEOHE, HEEIA, KAHALUU, RATHEE, KAALAEA, HAKIPUU ANUKUALOAi KOOLAUPOKO, MANAn

AppHeanft City CouncHTax Map Ke y 4-5-j4, 15, 17, 1.9 and âO

. Planning Cœmtssion City CouncilPrep IS

Dep4a4/† enf of Land U+i11:5/2 80

Citts and Coun† of Honolulcr

80-5ž rorse no. 4estesore.no. o.a.u.» so-rex.o., e, ama ao, isso H T A D- 7Qa)

I

ORDINANCE NO. 80-53

1979 SUPPLEMENT TO THE TRAFFIC CODE OF 1976

This office will not print and distribute this

ordinance . It will go on public sale at the Departmentof Finance, Purchasing Division, City Hall, Honolulu,

Hawaii 96813.

For approximate date of sale, please contact PurchasingDivision, 523-4780 .

OFFICE F WIB CITY CLERK

CITT ond COUNTY OF HONOLULD

HONOLULU, HAWAll .... 96813

I\

(ED)

ORDINENCE' NO:. SILL NO. (198&)(DRAET'NO. 1)

A BITJa FOR AN ORDINANCE. TO RESONE, à PORTION OF EXISTING R-GRESIDENTIATo DISTRICT SITUATED AT' KAPAAKEA, WAIKIKI, HONOLULU,OAHU, HAWAII, TO B-2 COMMUNITY BUSINES& DISTRICT' NO*. 4023..


SECTION' I. A portion of existing R-G Residential. Districtsituated at Kapadkea, Waikiki, HonoluIur Oahu, Kawaii, hereinafterdescribed, is hereby rezoned to B-2 Community Business DistrictNo. 403. The boundaries and area of said B-2 Community BusinessDistrict No. 403 shall be described as follows:

Being portions of Lots A-1, E, C and D and therwhole ofLots B-1, C-1 and D-1, being also portions of Royal Patent3445 and 4753, Land Commission Award 1816, Apana l to Kaika,situated off the Northeasterly end of Kehena Place between

Junalilo Freeway and King Street at Kapaakea, Raikiki,Honolulu, Oahu, awaii, and covered by Tax Map Key2-8-2¢& portions of 5 8, 21, 22 23 and 261

Beginning at the Southwesterly corner of :this jparcel ofland off the Northwesterly and of Kehena Piace thecoordinatás of said point of beginning referred toGovernment Burvey Triangulation Station "KAMOILIILI"being 38 48 feet North and 265.27 feet West and runningby azimuth measured clockwise from the Southi

.123° 453 15" 347.12 feet along the remainder of

Lots DE C, B and A- 1, beingalso the remainder of RoyalPatent 3445 and 4:753¾ LandCommission Award 1816, Apanato Kaaha y

.277° 03' 53.92 feet along Royal Pätent 2565

Land Commission Award 1267,Apana 3 to Kawela;

3. 232° 03' 114.20 feet along Royal Patent 2565Land Commission Award 1267,Apana 3 to Kawela;

4. 320° 34 162.86 feet along Royar Patent 4475and 7753, Land CommissionAward 7713, Apana 3 to VKamamalu.;s

5 303° 06 12.20 feet along Royal Patent 4475and 7753, Land commissionAward 7713, Apana 3 to V.Kamamalu;

80-5

6 39 16 54.30 faat aio Ig Ro al atent 4.475and 7753 Land CommissionAward 7713 Apana 3 to V.Kamamalm;;

T.. 12I 34 100..00 Èeet along RoyaLPatent 4475an 7753 Land commissionAward 7713, Apana 3 to V.Kamamalu;

8. 43 00 52.48 feet along Waiaka Dog Pound(Execûtive Order 996) to thepoint of beginning and containingan area of 37, 459 square feetmore or less;

as shown on the map attached hereto viarked Exhibit "A" and byreference made a part hereof.

SECTIONRIÙ This ordinanca shall take eÈfect upon its approval.

I RODUCED B :

DATE OF INTRODOCTIOÑ¾

MARCR 5 1984

Honoiulu HawallCounclimembers


D ty Corporation CounsekApproved this 3rd day of Juiy , 1980.

RANK F. FASI, gÿór/ City and County of Honolulu

-2-

80-5

DW

vs r c wo.459 .

ee

73/«

ist 7 4re

A'/ 57 Re r

CO2>f4W/N/7 St/F/M.."Si 70767R7GENa427enda ß½txxxx :wacase, Ø÷Wwydhnet

tants½vse arvewoneesevy a er aa-a-sesaeAmm tam/Æ« Emway any phy seekdyp//henk 2"½µ± of Land ///Ñgañorrex Map xey. e-e -eç:,cen angs;al,sees an ePl camission ci o cil

Preizred a Dopf di Zant C½7 shomC/fy and Caan e /keola/a

ro/der so.. 79/z-/s. 80-54-

7,,4Dafd : JULY 3, 1980

(PTS)ORDINANCE NO. 80-55. «" BILL NO. Û (1980)

(Draft No. 1)

A BILL FOR AN ORDINANCE TO AMEND SECTION 28-2.1, REVISED ORDINANCES OFHONOLULU 1969 RELATING TO FARE STRUCTURE OF THE PUBLIC TRANSIT SYSTEM.


SECTION 1. Subsection (:b) and (c) of Section 28-2.1,R.O. 1969, as amended, is hereby further amended to readas follows:

/(b) Following optional discount fares shall be in effect fora 120-day trial.

Effective immediately at the time of the fare change,the following fares shall be collected from every personwho selected the optional fares with the conditions asstated as follows:

(1) Optional Monthly Student Passfor School Hours Only Optional Monthly Pass Fare

Student (Ages 6 through highschool, however not toexceed age 19) $4.00 per Month

TÉe optional monthly school bus pass shall benon-transferable and shall entitle the school studentto whom the pass is issued unlimited number of ridesduring one calendar month from 6:00 a.m. to 4:00 p.m.,Monday through Friday, excluding legal State holidaysand school recess period set by the Department ofEducation, State of Hawaii.

(2) Sunday Family PassSunday Family Pass

Family as defined below $1.00 per Day

The Sunday Family Pass shall be issued upon payment ofthe designated Sunday bus fare at various locationsto be selected and advertised by the Department ofTransportation Services. Subject bus pass shall benon-transferable and entitle a group or any member ormembers of the group defined as Family, specificallyand solely for the purpose of this bus pass program,as parents and their children, to whom the bus pass isissued unlimited number of rides for the Sunday thatthe pass is issued.The Department of Transportation Services shall monitorand evaluate the two optional bus pass programs duringand at the end of the 120-day trial period and report tothe Council with a recommended action within 30 daysof the end of the trial period.

In the event the person or the group, defined as Family elsewherein this article, to whom the bus pass is issued knowingly permitsanother to use his or their bus pass, the bus pass shall berevoked, upon discovery and a hearing held pursuant to Chapter 91,Hawaii Revised Statutes, and the privilege of utilizing themonthly bus pass fare plan shall be denied for a period of six (6)months. Bus pass size, color, design, type of material and other

80-55

related details considered essential to the monthly bus passfare plan are hereby delegated to the Administrative discretionof the Mass Transit Division of the Department of TransportationServices./

Transfers will be permitted under regulations as prescribed bymanagement.

The Stadium limited fare shall be charged on those busesoperating to and from the Aloha Stadium on routes activatedsolely to serve events at that facility. It will not apply tobuses operating on normally established routes which incidentallyserve Aloha Stadium.

Notwithstanding the provisions of Sections 28-2.2 and 28-2.3,blind persons and senior citizens over 65 years of age shall paythe regular fare of $.75 when using the stadium limited service./Tcg7 (b) The Mass Transit Division, Department of

Transportation Services is hereby authorized topromulgate rules and regulations which are notinconsistent herewith, pursuant to the provisionsof Chapter 91, HRS.

SECTION 2. Ordinance material to be repealed is bracketed. Newmaterial is underscored. When revising, compiling or printingthis Ordinance for inclusion in the Revised Ordinances of Honolulu,the Corporation Counsel need not include the brackets, thebracketed material or the underscoring.SECTION 3. This ordinance shall take effect June 15, 1980, afterits approval.

Date of Introduction:MAY 21, 1980

Honolulu, Hawaii



APPROVED this 3rd day ofJULY

, 1980. Councilmembers

NK F. FAS , ayorCity and Coun of Honolulu

-2-

80-ss

(LR)ORDINANCE NO. 80-56 BILL NO. 124 (1977)

(DRAFT NO. 5)

A BILL FOR AN ORDINANCE TO AMEND REVISED ORDINANCES OF HONOLULU1969, AS AMENDED, BY ADDITION OF A NEW CHAPTER RELATING TO LEASE ORRENTAL OF PROPERTY OF THE CITY AND COUNTY OF HONOLULU.


SECTION 1. The Revised Ordinances of Honolulu 1969, as amended,is hereby further amended by adding thereto a new Chapter to readas follows:

CHAPTERLEASE OR RENTAL OTPROPERTYOWNED OR CONTROLLED BY THECITY AND COUNTY OF HONOLULU

Article I - General Provisions

Section -1.1. Purpose.

The purpose of this Chapter is to establish a uniform procedurefor the lease or rental of real property owned by the City, with theexception of the City Hall Building and the Honolulu Municipal Build-ing. Any and all office spaces located within the subject two build-ings shall be reserved for the exclusive use by agencies of the Cityand County of Honolulu.

Section -1.2. Scope.

The scope of this Chapter includes the policy that the leaseor rental of property of the City and County of Honolulu, or theaward of concessions, shall require public advertisements and bidsexcept under specific circumstances. This Chapter also includesthe required bidding procedures, and attendant terms of agreementsand penalties.

Section -1.3. Definitions.

The following words and phrases shall, for the purposeshereof, have the meaning respectively ascribed to them unlessit is apparent from the context that a different meaning isintended.

(a) "Agency" shall mean any office, department, board,commission or other governmental unit of the Cityincluding the City Council and its offices.

(b) "Council" is the City Council of the City and Countyof Honolulu.

(OCS/061780/LC)80-56

(c) "Finance Director" is the Director of the City andCounty of Honolulu.

(d) "Concession" is the grant to a private individual,partnership or corporation of the privilege toconduct operations essentially retail in nature,involving the sale of goods,.wares, merchandise orservices to the general public, such as restaurants,retail stores, parking facilities, golf drivingranges, in or on land or buildings owned or controlledby the City and County of Honolulu.

(e) "Managing Director" is the Managing Director ofthe City and County of Honolulu.

(f) "Nonprofit organization" is defined to mean anassociation, corporation or other entity, organizedand operated exclusively for religious, charitable,scientific, literary, cultural, educational,recreational or other nonprofit purposes, no partof the assets, income or earnings of which inures tothe benefit of any individual or member thereof, andwhose charter or other enabling act contains aprovision that, in the event of dissolution, theassets owned by such association, corporation or otherentity shall be distributed to another association,corporation or other entity organized and operatedexclusively for nonprofit purposes, and which furtherqualifies for exemption from the general excise taxprovisions of Chapter 237, Hawaii Revised Statutes,as amended, and under Section 501 of the InternalRevenue Code of 1954, as amended. Such nonprofitorganization must not merely JNa a sponsor of the event,production, attraction or activity being given, butmust actively promote, produce, stage or conduct suchevent, production, attraction or activity.

Article II - Bidding Requirements and Procedures

Section -2.1. Bidding Required.

Unless expressly excepted in this Chapter, no real propertyor any concession or concession space in any building or on anyland owned by or under the jurisdiction of the City and County ofHonolulu shall be leased or rented except under contract.let underpublic advertisement for sealed tenders in the manner providedhereinafter.

(OCS/061780/LC)

80 -56

Section -2.2. Call for Bids.

The Finance Director shall call for bids, accept bids andaward concessions or award contracts to lease or rent property onterms, conditions and rentals approved by the Corporation Counsel,as to form and legality.

Section -2.3. Qualification of Bidders.

Before any prospective bidder shall be entitled to submitany bid required under this Chapter, he shall, not less than six(6) calendar days prior to the day designated for opening bids,give written notice to the Finance Director of his intention tobid, and the Finance Director shall satisfy himself of the pros-pective bidder's financial ability, experience and competence tocarry out the terms and conditions of any contract that may beawarded. .For this purpose, the Finance Director may requireprospective bidders to submit answers, under oath, to questionscontained in a questionnaire setting forth a complete statementof the experience, competence and financial standing of suchprospective bidders. Whenever it appears to the Finance Directorthat any prospective bidder is not fully qualified and able to carryout the terms and conditions of the contract that may be awarded,he may, after affording such prospective bidder an opportunityto be heard, refuse to receive or consider any bid offered bysuch prospective bidder. All information contained in the answersto questionnaires shall remain confidential, and any governmentofficer or employee who knowingly divulges or permits to bedivulged any such information to any person not fully entitledthereto shall be subject to penalties as provided by law. Question-naires so submitted shall be returned to the bidders after havingserved their purpose.

Section -2.4. Advertisement for Bids.(a) Publication of a call for tenders for the awarding of

concessions or concession spaces shall be made at leaston three separate days in a daily newspaper of generalcirculation in the City and County of Honolulu.

03) Publication of a call for tenders for leasing of realproperty or any improvements thereon, other than aconcession or concession space, shall be made oncea week for at least two weeks in a daily newspaper ofgeneral circulation in the City and County of Honolulu.

(c) Such public announcement shall include, but not belimited to the following information:

(1) Description of the concession, real property,or improvements and the objectives for it;

(2) Location;

(3) Scope of the award or lease;

(OCS/061780/LC)

- 3 -

80 -56

(4) Length of the award or lease;

(5) Amount and type of government funds if any,available for the project;

(6) Description of any special requirements ofunique features;

Section .2.5. Cost of Publication.

The Finance Director may require the party requesting thepublication of a call for tenders to deposit with him a certifiedcheck or cash equal to or greater than the estimated cost ofpubishing the advertisement for bids, before such advertisementis published. The cost of publication may be deducted from saiddeposit and retained by the City and County if said party failsto submit a bid.

Section -2.6. Bids; Opening; Rejection.

The time of opening of such tenders shall not be less thanfive days after the last publication. All bids shall be sealedand delivered to the Finance Director, and shall be opened byhim at the hour and place to be stated in the call for tenders,in the presence of all bidders who attend, and may be inspectedby any bidder. The Finance Director may reject any or all bidsand waive any defects, when in his opinion such rejection or waiverwill be for the best interests of the City and County. Uponcompletion of the evaluation and selection process, the FinanceDirector shall file a written report with the City Clerk, in-cluding the results with the successful bidder. The City Clerk,upon receipt of the written report, shall post same for publicinspection under an appropriate title on the bulletin board onwhich meeting notices of the Council, including its agenda, areposted and such report shall be a public record.

Section -2.7. Bids, Withdrawals.

No bidder may withdraw his bid for a period of sixty (60) daysafter the opening thereof.Section -2.8. Deposits of Legal Tender, Etc., to Accompany Bid.

All bids shall be accompanied by a deposit of legal tender orby a certified check payable to the Finance Director drawn ona bank doing business within the State of Hawaii, for or in a

sum equal to 5 percent of the amount bid, but in no event to beless than Fifty Dollars ($50.00); provided that when the amountbid exceeds Fifty Thousand Dollars ($50,000), the certificateof deposit or certified check shall be Two Thousand Five HundredDollars ($2,500) plus two percent of the amount in excess thereof.

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Section -2.9. Forfeiture of Deposits, Etc.; Return Thereof.

If the bidder to whom the contract is awarded fails orneglects to enter into the contract and furnish satisfactorysecurity, as required by this Article, within ten.(10) days afterthe award or within such further time as the Finance Director may

allow, the Finance Director shall'pay the deposit into the treasuryas a realization of the City and County of Honolulu. If the contractis entered into and the security furnished within the requiredtime, the deposit shall be returned to the successful bidder.Deposits made by the unsuccessful bidders shall be returnedto them after the contract is entered into or, if the contractis not entered into, after the expiration of sixty (60) daysafter the opening of the bids or after the Finance Directorpublishes another call for tenders, whichever is sooner.

Section -2.10. Bond May be Substituted for Deposits, Etc.

In lieu of the deposit of legal tender or a certifiedcheck, a bid.may be accompanied by a surety bond naming theCity and County as obligee, with the bidder as principal, anda surety company, authorized to do business as such in thisState, as surety, in a penal sum equal to the deposit requiredunder Section

_

-2.8 hereof, conditîoned upon the bidder enteringinto the contract and furnishing the required security withinten (10) days after the award or within such further time asthe Finance Director may allow.Section -2.11. Contracts to be in Writing; Highest Responsible

Bidder.

All such contracts shall be in writing, shall be executedby the Finance Director in the name of the City and County ofHonolulu, and shall be made with the highest responsible bidder,if such bidder shall qualify by providing the security requiredhereinbelow. If the highest and best bid or any other bid hasbeen rejected, or if the bidder to whom the contract wasawarded has failed to enter into the contract and furnishsatisfacèory security, the Finance Director may, in his discretion,award the contract to the next highest responsible bidder.Section -2.12. Security Deposit.

Before any contact is entered into, the bidder shall givesecurity for the compliance therewith by deposit of an amountequal to two months' rental or other charge required under thecontract, except that in the case of a contract for the leaseof residential property, a security deposit in an amount equalto one month's rent shall be required. In lieu thereof, theFinance Director may accept good and sufficient bond for thesaid amount, naming the City and County as obligee, with thebidder as principal, and a surety company authorized tx> dobusiness as such in this State, as surety.

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Section _-2.13. Surety on Bond; Justification.

If the surety or sureties on such bond shall be other thana surety company authorized to do business under the laws ofthis State, there shall be not more than four such sureties whoshall severally justify such amounts as, taken together, willaggregate the full amount of the bond; provided that in thecase of such sureties they shall deposit with the Finance Directorcertified checks or certificates of deposit (payable on demand onor after such period.as the Finance Director may stipulate) orbonds, stocks or other negotiable securities, or execute anddeliver to such officer a deed or deeds of trust of real property,all of such character as shall be satisfactory to the FinanceDirector, in security equal to the full cash value of one hundredpercent of the amount for which each surety shall have assumed.The Finance Director may waive the necessity of furnishing suchsecurity, in cases where he is satisfied as to the financialresponsibility of the proposed surety or sureties; provided thatif there be but one personal surety, said surety shall justifythe full amount of the bond.

Section -2.14. Violation Voids Contract.

After the effective date of this chapter, any contract awardedor executed in violation of this chapter shall be void and of noeffect.

Article III - Exceptions to Bidding Requirement

Section -3.1. Bidding Not Required: When Leasing or RentingProperty Under Certain Circumstances

The Finance Director may award contracts to lease or rentproperty on terms, conditions and rentals approved by the CorporationCounsel as to form and legality without calling for public bids,when:

(a) Eminent Domain, etc. Real property and/or improvementsthereon have been acquired by the City and County ofHonolulu by eminent domain proceedings, negotiatedpurchase or exchange, and where immediate use of theproperty acquired is not necessary. Said property shallbe rented on a month-to-month tenancy which shall berevocable at the option of the City after thetenant has been given thirty (30) days written noticeto vacate. The total tenancy under any such lease orrental agreement shall not exceed the period of oneyear from the effective date of such lease or rentalagreement; provided, however, that with consent of theCouncil, a renewal or extension of said tenancy beyondsuch period may be allowed. The provisions of thisparagraph shall not be construed as prohibiting theFinance Director from leasing or renting said propertyby public bidding and for a period in excess of oneyear, pursuant to the provisions of this chapter.

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(b) Employee of the City and Coûnty of Honolulu or theState of Hawaii. Real property,.including improvementsthereon, are leased or rented to employees of the Cityand County of Honolulu.or the State. Said propertyshall be leased or rented only under the followingconditions:(1) The party or parties to whom the property is

leased or rented must be and continue to be anemployee of the City and County of Honolulu or theState during the term of the demise; and

(2) The leasing or renting of the property to saidemployee must be related to his employment.

(c) Thirty (30) Day Period or Less. Real Property and/orimprovements thereon are leased for a period not toexceed thirty (30) days. No extension of such leaseshall be permitted without calling for public bids.

(d) Tourist Activities Without Charge. -Enterprises, shows,or activities presented without charge primarily forthe promotion of the tourist industry in and for theCity and County of Honolulu regardless of which person,association or company sponsors such enterprise, show oractivity; provided however, that such lessee or tenantdoes not sell merchandise on the premises, directlyor indirectly, or engage in any business promotionals oradvertising, whether oral, by printed matter, signs,displays or electronic devices.

(e) Neal S. Blaisdell Center or the Waikiki Shell. Therental is for the use of facilities for the purpose ofholding any event or attraction at the Neal S. BlaisdellCenter or the Waikiki Shell in accordance with theprovisions of Chapter (R.O. 1978).

(f) City and County Employee Organizations. Real propertyand/or office spaces that are leased or rented to anyFederal Credit Union of City and County employees oremployees of City and County-affiliate groups ororganizations.

(g) Eleemosynary Corporations. Real property and/orimprovements that are leased or rented to any eleemosynarycorporation, society or organization formed for theprevention of cruelty to animals, and which is authorizedand empowered by law to seize and impound stray dogsrunning at large.

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(h) Government Employment Training Programs. Real propertyand/or improvements that are leased or rented to anynonprofit organization primarily engaged in employment g

training programs sponsored by the Federal, State orCity and County government.

(i) Accessory Uses. Real property is leased or rented tocontractors who are awarded City construction contractsfor use as a field office and storage of equipmentand supplies. Rental shall be at the fair market rentaland shall be limited to the duration of the constructioncontract only.

(j) Governmental Subdivisions. Real property, includingimprovements thereon, are leased or rented for the useof any political or governmental subdivision of theFederal, State or County governments.

(k) Private Developer: City Council Action Also Required.Real .property and improvements thereon may be leasedor rented to a private developer for the purpose ofconstructing housing, commercial, parking, and otherfacilities or uses in implementing the housing programsof the City and County; provided that:

(1) The City agency shall make a public announcementon each occasion when any project is proposed orcontemplated and set forth the objectives to beachieved for the project and request interestedpersons, to submit proposals therefor.

(a) The City Agency shall make such announcements:

(i) In a daily newspaper of general circulationin the State once a week for two successiveweeks.

(ii) By posting the proposed project at theassociation headquarters of developers,realtors and contractors.

(b) Such public announcement shall include, butnot be limited to the following information:

(i) .Description of the proposed project andthe objectives for the project;

(ii) Location;

(iii) Scope of the Project;

(iv) Length of the lease;(v) Amount and type of government funds

available for the project;

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(vi) Description of any special requirementsof unique features; and

(vii) Any interested developer shall file hisintention to submit a proposal with theCity Agency on or before thirty (30)days after the last public announcements.

(2) The City Agency shall examine all proposals frominterested developers and-determine those developershe deems qualified to perform the services for thespecific project under consideration. .The Agencyshall,.thereafter, file a written report with theCity Clerk ranking in order of highest qualifications,no less than three developers who are consideredmost qualified to perform the required services;provided that if there are less than three developers,after the deadline for submitting proposals, theAgency may still select a developer and file suchreport.with the City Clerk. Upon completion of theevaluation and selection process, the Director shallfile a written report with the City Clerk, includingthe results of the negotiations with the successfuldeveloper. The City Clerk, upon receipt of any ofthe foregoing written reports, shall post same forpublic inspection under an appropriate title onthe bulletin board on which meeting notices of theCouncil, including its agenda, are posted and suchreport shall be a public record.

(3) The evaluation and selection by any City agency ofproject design and developer shall include, but neednot be limited to, consideration of the followingcriteria:

(a) Implementation of the General Plan objectivesand policies in the area of housing.

Ob) Compatibility with all other applicable GeneralPlan objectives and policies.

(c) Contribution toward implementing the plannedland use pattern and other development orredevelopment policies for the site andsurrounding area, as specified in the adoptedDevelopment Plan and any adopted Special Designor Historic, Cultural and Scenic Districtcovering the area.

(d) Attractiveness and functionability of theproject design. Specific considerations shallinclude:(i) Conformance with the urban design principles

and controls specified in the adoptedDevelopment Plan for the area.

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(ii) Relationship of structures within theproject to each other, and of the entireproject to surrounding structures, interms of providing a harmonious compositionof masses, colors and textures.

(iii) Integration of spaces and building forms.

(iv) Relationship of off-street parking tothe overall vehicular circulation system.

(v) Pedestrian circulation plan.(vi) Provision of recreational and other

facilities for community and leisure timeactivities.

(vii) Landscaping of the site.

(e) Economic feasibility of the project. Specificconsiderations shall include:

(i) Demand for the type and price of housingto be provided.

(ii) Projected development costs.

(iii) Projected income from unit sales/rentals.

(iv) Availability of federal aid.

(v) Anticipated cash flow.

(f) Developer's previous experience and financialcapability.

(g) Compensation to be provided the City for theland lease or rental.

Subsequent to selection by the appropriate Citydirector, the Finance Director shall issue to thedeveloper a letter of intent which shall indicateto the developer that he may proceed at his ownexpense and risk to initiate and undertake suchstudies as he may wish. At the earliest feasibledate, a development contract shall be submitted tothe Council for approval by resolution, providedthat the Council, prior to approval by resolution,may add, delete, or amend any term or condition ofsaid development contract. Upon approval, saiddevelopment contract shall set forth in detail allcovenants, obligations, restrictions, requirements,and conditions to govern the proposed developmentand subsequent operation of said project; providedthat such development contract shall indicate thestudies and design work which must be satisfactorilycarried out and approved as a condition to theexecution of a lease for said property. Afterapproval by the Council of said development contractand satisfactory completion by the developer of suchpreliminary work as is required and set forth there-in, a lease for a period necessary to obtain financingshall be submitted to the Council for approval byresolution.

(OCS/061780/LC)- 10 -

July agency administering a City Housing projectaffected by the provisions of this ordinance shallestablish a system to determine preferences by lotin the event the number of qualified applicantsexceeds the number of housing units available.Where the City has established preferences forhousing units by ordinance or rules and regulations,the order of preference within each category for theselection of units shall be determined by lot.

(1) Nonprofit Private Corporations and Community Associations.Any nonprofit private corporation as defined herein orcommunity association which qualifies for nominal rent ofCity property-as prescribed in Section 3.2 hereafter.

Section -3.2. Bidding Not Required: Nominal Rent

(a) Policy: The Council finds that there are nonprofitprivate corporations and community associations providingservices similar to or equal to services rendered by theCity and their existence or delivery of servicescan be greatly enhanced or permitting these organizationsto use real property controlled or owned by the Citywithout assessing any rent therefor, except to pay forutilities such as electricity, water, gas, and telephone.

(b) Type of Organizations Eligible.

(1) A nonprofit private corporation as included in thedefinition for "nonprofit organizations" in Article I,Section

_

-1.3(f).

(2) Community associations.(c) Special Conditions to be met by Nonprofit Private

Corporations or Community Associations:

(1) The foregoing corporations or community associationsshall have:

(a) An identification number issued by the InternalRevenue Service;

(b) All or part of its funds furnished by eitherthe Federal, State, City governments or theAloha United Way;

(c) A minimum of 25 percent of its service similar tothose services which are provided by the City;

(d) A full-time staff to carry out its .services,

programs or functions; and

(e) Been incorporated, or activated, in the case ofcommunity associations, at least five years priorto the date a request for the leasing of Cityproperty is made hereunder.

(2) In addition to the foregoing conditions, the leaseagreement shall contain the following provisions:

(OCS/061780/LC)80 -56°

(a) Agreement to add the City as an additionalinsured to its comprehensive public liabilityinsurance policy relative to the use of thepremises;

(:b) Agree to indemnify, defend and hold harmless theCity, including its officers, employees andagents, from any and all liability, loss ordamage the City may suffer as a result of claims,demands, costs or judgments against the City dueto or caused by the negligence of an officer,employee or member of the foregoing corporationsor associations;(c) Agree to furnish a performance bond to the

City to assure that the terms and conditionsof the agreement shall be met.(d) Council Authorization: The Council may adopt aresolution authorizing the Director to lease theproperty requested by the petitioner at a nominalrental of $1.00 per year when:

(1) A public hearing has been held-by the FinanceDirector; and

(2) The Finance Director has submitted to the Councilhis findings based upon the following:

(a) Compelling public need for the particularservices rendered by the nonprofit privatecorporation(s) or the community association(s);

(lb) Nonavailability of a suitable and reasonablypriced, private facility;

(c) Financial need of the applicant; and

(d) That the City property to be rented or leasedis excess property where immediate use of theproperty is not required.

Section -3.3. Bidding Not Required: Certain ConcessionsThe Finance Director may award.concessions on terms andconditions approved by the Corporation Counsel as to form andlegality without calling for public bids, when:(a) Activities Without Charge. Concessions or concessionspaces that are set aside without any charge for events,productions, attractions or activities including the

exhibition and sale of handcrafts, works of art, produce,or products of a nonprofit organization, as defined inArticle I, or its members as long as the sale of anycraft item, works of art, produce or products are madeby the member of the organization who actually makes,creates, grows or gathers the items being sold, and aslong as all net profits earned by the nonprofitorganization from the concession are to be applied tothe expenses of the organization incurred in connectionwith events or activities directly related to the purposefor which it has been organized.

(OCS/061780/LC) gg .gg- 12 -

(b) Periods of Two Days or Less. Concessions or concessionspaces that are set aside for a period or periods oftime not to exceed two successive days without anycharge (1) for the exhibition and sale of works of art byartists who actually produce the works of art beingexhibited and sold; (2) for the exhibition and sale ofhandcrafted items being exhibited and sold; (3) for thedisplay and sale of fruits and vegetables, seafoods andprepared but not manufactured food products by the personwho actually grows or gathers the fruits and vegetables,catches the seafoods or prepares the food products beingdisplayed and sold.

(c) Handicapped or Blind Persons. Cancession or concessionspaces are set aside for the use of handicapped or blindpersons or any.nonprofit organization primarily engagedin physical rehabilitation programs.

(1) Nonprofit Private Corporation. The word "persons"contained herein shall include a nonprofit privatecorporation which has been exempted from taxationas prescribed under Section 501 of the InternalRevenue Code of 1954, as amended, and its Articlesof Incorporations or Association shall have a provisioncontained therein that the primary objective of thecorporation is to service or aid or abet or assist thehandicapped or blind persons.

(2) No Rent, Except for Maintenance Cost. Notwith-standing any provisions to the contrary containedherein, the Finance Director shall assess no rentfor leasing or renting of concession or concessionspace to handicapped or blind persons, includingany vending machines assigned to such vendors;provided that for real property, including improve-ments thereon, the Finance Director shall assessthe cost of maintenance of that portion of such realproperty leased or rented to handicapped or blindpersons.

(d) Governmental Subdivisions. Concessions or concessionspaces are set aside for the use of any political orgovernmental subdivision of the Federal, State or Countygovernments.

(e) Coin Operated Vending Machines. Concession spaces thatare leased or rented for coin operated vending machinesexcept coin operated insurance vending machines.

(f) Public Pay Telephones. Concession spaces that are leasedor rented for public pay telephones.

(OCS/061780/LC)

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80 -56'

Article IV - Term of Agreements

Section ___-4.1. Term of Agreements; Duration.

The term of any contract to lease or rent property of the Cityand County of Honolulu shall not exceed five (5) years; providedthat the Council by resolution may authorize the leasing or rentingof property for a period in excess of five (5) years, when suchlonger period is deemed necessary in the public interest and:(a) When the lessee or tenant is required by the terms ofthe proposed contract to expend the sum of Twenty-Five

Thousand Dollars ($25,000) or more for the estimatedcost of which is equal to or in excess of, the sum ofTwenty-Five Thousand Dollars ($25,000), as determinedby-the Council. The.term "capital asset" as used here-in shall include not only the construction of improve-ments but the installation of furniture and fixtures,the cost of which would be appreciable over the periodof the concession or lease in excess of five years; or

[b) When the property is to be devoted to the trainingand education of handicapped or blind persons andby the terms of the proposed contract, the lesseeor tenant is required to construct on such propertyany improvement, the estimated cost of which, includingcost of labor and materials, is equal to, or in excessof, the sum of Ten Thousand Dollars ($10,000), asdetermined by the Council; or

(c) When the real property is leased or rented for theuse of State or Federal government or any agencythereof.

(d) When the City enters into a development agreementwith a person for the development of the propertyand the construction of housing units of all kindsand types as permitted in the area where the propertyis situated, or any other type of structural develop-ment which may be beneficial to the City.

Article V - Penalty

Section __-5.1. Disciplinary Action.

(a) Any officer or employee who violates any of the pro-visions of this Chapter upon a finding pursuant toa hearing to be conducted by his appointing authority,shall be subject to disciplinary action by his appoint-ing authority.

(b) Any lessee or tenant violating any provisions of thisChapter shall cause the termination of the lease ortenancy and the lessee or tenant may be subject to thepayment of any outstanding rental before and aftersuch hearing.

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so-se

(c) Any person, officer or employee violating any provisionsof this Chapter shall, upon conviction, be guilty ofa misdemeanor and be subject to €he provisions of R.O.

1969, Section 1-2,5.

Article VI - Severability

Section -6.1.Severability.

The provisions of this Chapter as enacted by this ordinanceare hereby declared to be severable. In accordance therewith,

if any portion of said Chapter is held invalid for any reason,the validity of any other portion of this Chapter shall not be

affected and if the application of any portion of this Chapterto any person, property or circumstance is held invalid, theapplication hereof to any other person, property or circumstanceshall not be affected.

SECTION 2. All leases, rentals and concessions granted pursuantto the provisions of Resolution No. 260, as amended, shall remainin full force and effect until the termination of such leases,rentals and concessions; and provided further that the terms,conditions and covenants established pursuant to the provisionsof Resolution No. 260, as amended, shall govern the right, title,

interest and obligation of the parties in such agreements.


I RODUCED BY:

Date of Introduction:

NOVEMBER 2, 1977

Honolulu, Hawaii

APPROVED AS TO LEGALITY:

Däputy Corporation Counsel

it§ APPROVED this 3rd day of

JULY , 1980. Councilmembers

RANK F. FAS() orCity and Count of Honolulu

(OCS/061780/LC)- 15 -

80-56


HONOLULU,HAWAII

CERTIFICATE

I hereby certify that Bill No. 124 (1977), Vetoed

by the Mayor on July 3, 19 80, was

taken up by the Council of the City and County of Honolulu for consideration on

July 9, 1980, and, at the same meeting, Approved by the

said Council, the Veto of the Mayor to the Contrary Notwithstanding, on the

following vote:Mr. Akahane, Mrs. Bornhorst, Mr. Clement,

AYES: Mr. Loo, Mr. Matsumoto, Mr. Nekota, Mr. Poepoe,Mr. Pacarro. - 8.

NOES:. - Nane -

ABSENT AND EXCUSED: Mr. Fong. - 1.

Dated, Honolulu, State of Hawaii, this 10 th day of

JulY, 19 8 0

,

CITY COUNCIL

ByRUDY PACARRO

rman and Presiding Officer

ATTEST:


80 -56

(Draft No. 2)

LEGISLATIVE BUDGET ORDINANCEFOR THE FISCAL YEAR JULY 1, 1980 TO JUNE 30, 1981

(ALO)

ORDINANCE NO. 80-5"?'(BILL NO. 29 , 1980)

A BILL FOR AN ORDINANCE APPROPRIATINGESTIMATED REVENUE FOR EXPENDITURES BY THELEGISLATIVE BRANCH OF THE CITY AND COUNTY OF HONOLULU FOR -THE FISCAL YEARJULY 1, 1980 TO JUNE 30, 1981.


SECTION 1. The revenue from the following source estimated for the fiscalyear July 1, 1980 to June 30, 1981, is hereby provided and appropriated tothe fund and for the purposes as set forth in Section 2:

OPERATING FUND $3,507,885

SECTION 2. The revenue from the foregoing source in Section 1 above forthe fiscal year July 1, 1980 to June 30, 1981, is appropriated to the fundand agencies enumerated as follows:

APPROPRIATIONS

LEGISLATIVE: GENERAL FUND

City Council:Legislative:

Administration......................................... $ 636,467Contingency............................................ 15,000Policy-Planning-Evaluation Capacity.................... 60,000Audit.................................................. 170,000IntergovernmentalRelations............................ 49,880

TOTAL CITY COUNCIL................................... $ 931,347

Office of Council Services:Legislative Research and Reference Services.............. $ 661,800

City Clerk:Clerk of the Council:

Administration......................................... $ 252,093Office Services and Printing........................... 123,926Council Assistance..................................... 186,276Committee Services..................................... 246,188Fiscal and Accounting Services......................... 68,019Elections.............................................. 534,236

TOTAL CITY CLERK..................................... $ 1,410,738

80-51

LEGISLATIVE:

Miscellaneous:Provision for Salary Adjustment and

Accrued Vacation Pay.............................. $ 25,000 300,000Retirement System Contribution...................... 644-444- €¾ySWFICA Tax: Employer's Share......................... 110,000Public Employer's Health Fund....................... 25,000Workers'Compensation................................ 4,000Unemployment Compensation........................... . 40,000

504,000TOTAL MISCELLANEOUS............................... $ 4444444» 4547066

$3,507,885TOTAL APPROPRIATKONS....w.······················.. $ 2,507,225 3 788-5

SECTION 3. This ordinance shall take effect on July 1, 1980.

INTRODUCED BY:


nRo luS, Ha19ai0

APPROVED AS TO FORK & LEGALITY:

Dep CorporatiqË Cou sel Councilmembers


June, 1980.


- 2 -

CERT I F I C A TE

I SEREBY CERTIFY that Bill No. 29 (1980) was passedon First Reading on March 5, 1980; Second Reading onMay 21, 1980; Third Reading, as amended, on May 28, 1980.I further certify that on May 29, 1980, said Bill No. 29(1980) was presented to the Honorable Frank F. Fasi, Mayorof the City and County of Honolulu, for his approval orotherwise; that on June 13, 1980, the Mayor returned saidBill, duly signed, but vetoing a portion of said Bill asfollows:

SECTION 1. OPERATING FUND

General Fund. . . . . . . . . . . . . $3,507,885Reducedto.............. ($3,457,885)

SECTION 2. APPPOPRIATIONS

Misœ11aneous:RetirementSystem Ccntribution. . . S 300 , 000Reducedto.............($ 250,000)

as provided by law; and that after reconsideration by theCouncil of the City and County of Honolulu on July 9, 1980,the vetoed portion was restored to the original amounts asset by said Council, the Mayor's veto to the contrarynotwithstañding.

DATED, Honolulu, State of Hawaii, this 10th day ofJuly, 1980.


RUDY C. PACARROChairman and Presiding Officer

ATTEST:


80-51

ORDINANCE NO. 80-58 BILL NO. 64 (1979)(Draft No. 5)

A BILL FOR AN ORDINANCE TO ESTABLISH "THE KAKAAKO SPECIAL DESIGNDISTRICT" (KSDD).


SECTION I. Legislative Purpose

The purpose for establishment of the Kakaako Special DesignDistrict is:

A. To guide the growth of Kakaako toward abalanced mixture of residential, commercial,and industrial uses;

B. To create residential environments along withcommercial and industrial services which willbe compatible with the residential uses;

C. To maintain regional commercial and industrial servicefacilities;

D. To relate the development of Kakaako to adjoiningarea and regional objectives;

E. To ensure that there exists public and private develop-ments which will encourage diversification of uses thatare sensitive,to their physical environment;

F. To protect, by means of planning and control, the valueof private and public investments within the districtand its surrounding communities; and

G. To create the criteria which will allow every lotto be developed and become a compatible element inthe evolution of the mixed use concept in Kakaako.

SECTION II. Establishment of the Kakaako Special Design District.

In accordance with Article 15 of the Comprehensive Zoning Code,Ordinance No. 4541, as amended, the Kakaako Special DesignDistrict is hereby established. Zoning district classificationsfor all land parcels shall be repealed by the use precinctscontained in this ordinance. Except as otherwise permittedin this ordinance, all land use and development applicationsshall, as of the effective date of this ordinance, conformto the requirements and provisions of the Kakaako SpecialDesign District.

(OCS/061680/LC)

80-58

SECTION III. Kakaako Special Design District BoundaryThe Kakaako Special Design District boundary is delineated on"Exhibit A" and attached hereto. Provisions of this ordinance,including procedural requirements for any modification of,additions to, and deletions from any existing use or structureas well as the establishment of any new use or structure, shallapply to all land areas within the Kakaako Special Design District.

SECTION IV. Land Use Control SystemThe following Use Precincts are hereby established within theDistrict, the boundaries of which are indicated on the Use PrecinctMap marked "Exhibit A" and attached hereto.A. Mixed Use Precinct

1. Legislative Intent

The purpose of the Mixed Use Precinct is to permita mixture of business, apartment, community andregional commercial service uses in a harmoniousrelationship.

2. Use Regulations

Within the Mixed Use Precinct, the following usesand structures shall be permitted:

a. Housing and Community Service Uses:(1) Multiple-family dwellings;

(2) Private schools which do not involve theoperation of woodwork and/or machine shops,or other similar facilities;

(3) Nursing, convalescent, aged, disabled,and handicapped homes;

(4) Child care and senior citizen centers;(5) Churches;

(6) Private clubs, lodges, social centers,eleemosynary establishments and athleticclubs;

(7) Public uses; and

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80 -58

(8) Parking lots and parking garages.

b. Commercial Uses:

(1) Offices, professional clinics, studios andmedical laboratories;

(2) Eating and drinking establishments;

(3) Retail establishments including the incidentalmanufacturing of goods for sale only atretail on the premises;

(4) Banks, savings and loans, escrow, and similarfinancial services;

(5) Personal service establishments, includingbut not limited to barber and beauty shops,shoe repair shops, cleaning, dyeing, laundry,pressing, dressmaking, tailoring and garmentrepair shops with incidental processing onthe premises;

(6) Theatres;

(7) Repair services for radio television, bicycles,business machines and household appliancesother than those with internal-combustionengines;

(8) Wholesaling and distribution operations,provided that such operations do not involvethe use of more than 2,000 square feet offloor area for the storage of wares to besold at wholesale or to be distributed;

(9) Printing, lithographing, publishing, photo-graphic processing, or similar uses;

(10) Commercial recreation facilities, providedall facilities are totally enclosed in abuilding;

(11) Radio and television studios, excluding towers;

(12) Building contractors;(13) Commercial kennels, provided that all operations

are enclosed;

(14) Automobile service stations car washes, andcar rental establishments, provided that theycomply with the following requirements:

(OCS/061680/LC)- 3 -

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(a) A solid fence or wall of 6 feet inheight shall be required on the side andrear property lines;

(b) The station shall be illuminated sothat no .unshielded,

unreflected orundiffused light source is visiblefrom any public area or privateproperty immediately adjacent thereto;

(c) All areas not landscaped shall providean all weather surface; and

(d) No water produced by activities on thelot shall.be permitted to fall upon,or drain across, public streets or sidewalks;

(15) Commercial services including pest controlservices, establishments;

(16) Public utility installations and substations;provided maintenance facilities shall not bepermitted; and provided further, that utilities'substations, other than individual transformers,shall be surrounded by a solid wall except forentrances and exists, or by a fence with ascreening hedge not less than 6 feet in height;and provided also, that transformer vaults forunderground utilities and like uses shallrequire only a landscaped solid screening hedge,except for access opening; and

c. Accessory uses.

B. Marine Precinct


The purpose of the Marine Precinct is to include onlythose uses which support the marine activities andfacilities of Kewalo Basin.

2. Use Regulations

Within the Marine Precinct, only the following uses andstructures shall be permitted:a. Commercial marine facilities;

b. Eating and drinking facilities;

c. Retail facilities not including automobile sales;

d. Public uses;

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e. Public utility installations and substations con-forming to conditions stated in subsection IV.A.2.b.(16); and

f. Accessory uses.

C. Waterfront Industrial Precinct1. Legislative Intent

The purpose of the Waterfront Industrial Precinct is toreserve such area for port-related activities only andto exclude those areas which are inappropriate to theprecinct and which can be appropiately located elsewhere.

2. Use Regulations

Within the Waterfront Industrial Precinct, only thefollowing uses and structures shall be permitted:

a. Waterfront terminal facilities;

b. Wholesale and distribution establishments receivingor shipping materials from waterfront terminalfacilities located within the precinct;

c. Public uses;

d. Public utility installations and substations con-forming to conditions stated in subsection IV.A.2.b.(16); and

e. Accessory uses.

D. Industrial Service Precinct


The purpose of the Industrial Service's Precinct is toretain and provide convenient industrial services tomeet the needs of central Honolulu.

2. Use Regulations

Within the Industrial Service Precinct, all uses andstructures permitted in subsections IV.A.2.b. of thisordinance and the following uses and structures shallbe permitted, however, unless otherwise required by thisordinance, automobile service stations, car washes, carrental establishments and public utility installationand substations shall be exempted from fencing, wallsand screening hedge requirements, unless requiredfor safety and/or security purposes;

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a. Repair services,.provided all operations areenclosed;

b. Manufacturing, except for explosives;c. Lumber and wood manufacturing products;d. Wholesale supplies and distribution;e. Warehouses;

f. Trade schools;g. Parking lots and garages;h. Radio/TV broadcasting, excluding towers; andi. Accessory uses.

E. Public Use Precinct


The purpose of the Public Use Precinct is to setaside public lands to meet public requirements andthe recreation and open space needs of the KakaakoSpecial Design District.

2. Use Regulations

Public uses and structures, including accessoryactivities operated by private lessees under super-vision of a public agency shall be permitted.

SECTION V. Special Conditions

A. Mixed Use Precinct

1. When multiple-family dwellings are integrated withother uses, pedestrian access areas for the residentsshall be independent from other uses and shall bedesigned to enhance the privacy for residents andtheir guests.2. Where an arcade is used as block frontage guidelinesindicated on "Exhibit E," shall be followed, provided that:

a. Only uses listed in subsection IV.A.2.b (1)through (10) of this ordinance shall be locatedadjacent to the arcade along streets on the groundlevel of any building. At least one-half of thetotal width of any new or reconstructed building,parallel to and facing such frontage, shall bedevoted at the ground floor to entrances, show windows,or other displays of such uses.

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b. All other permitted uses shall be located eitheron floors above or below the ground floor orat a distance of not less than 20 feet behindthe front of the building at the ground level.No more than one-third the width of any lot,parallel to and facing such street, shall bedevoted to entrances to such other permitted.uses.

3. Outdoor entertainment or music, establishments withoutdoor ordering or receiving facilities, or outdoorstorage of any materials shall not be permitted.

4. All loading and unloading areas shall be either enclosedin a building or located on the rear or the side of thebuilding and screened from public view.

B. Industrial Services Precinct

a. Automobile service stations, car washes, carrental establishments or public-utility installationsor substations on lots fronting or adjacent tothe Mixed Use Precinct, shall comply with therequirements of such facilities in the Mixed UsePrecinct.

b. Accessory open storage areas, loading and unloadingareas for lots fronting or adjacent to the MixedUse Precinct shall be located either in a build-ing or on the rear or side of buildings and whenlocated on the side shall be screened from publicview from adjacent streets.

C. Density

1. The floor area ratio (FAR) for all uses withoutmultiple-family dwellings shall not exceed 2.5.

2. The FAR for mixed uses which include multiple-familydwellings shall not exceed 3.5, provided a.minimum FARof 1.0 and a maximum of 2.5 is developed as multiple-family dwellings.

3. The FAR for multiple-family dwellings without other usesshall not exceed 2.5.

D. Heights1. Permitted maximum heights of buildings and structures

within the Kakaako Special Design District are delineatedon "Exhibits B and E". All heights shall be measuredvertically from the existing ground surface at any pointalong the perimeter of the building or structure to theroof level.

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2. Exemption for Certain Architectural Features.Subject to the review and approval of the Director ofLand Utilization, exemption from the height regulationsmay be.made for the

.following architectural featuresprovided they are erected only to such height as isnecessary to accomplish the purpose for which theyserve, but in no case exceeding 12 feet above themaximum height limits.

The following building elements or features may beexempt, provided that the Director of Land Utilizationfinds they do not obstruct any significant views whichare to be preserved, protected and enhanced, and areconsistent .with the intent of the objectives of thisordinance.a. Necessary mechanical appurtenances of the build-ing on which they are erected, providing theyare screened from view;b. Necessary utilitarian features including stair-well enclosures, ventilators, and skylights;c. Decorative or recreational features, includingroof-top gardens, planter boxes, flag poles,parapet walls or ornamental cornices.

E. Yard Requirements

1. Front yard requirements are shown on "Exhibits C and E."2. Side and rear yards are not required except fornon-parking structures containing windows or open-ings adjoining side or rear property lines in whichcase the minimum side and rear yards shall be 20feet. In addition to the height and yard regulationsstated hereinabove, for any portion of a structurecontaining windows or openings above 10 feet in height,additional side and rear yard setbacks equal toone foot for each 10 feet in height or fraction there-of shall be provided; said additional setback shall bea continuous vertical plane beginning at the floorlevel of the first windows or openings to the top ofthe structure.

F. Required Open Space

1. A minimum of 30% of each lot, exclusive of requiredyards and setbacks shall be devoted to open space. Thisopen space may be provided on another lot within a five-minute walking distance of the respective use, preferablyin conjunction with other existing open spaces, providedsuch open space is dedicated in fee and accepted by theCity.

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2. Where applicable, the open space, exclusive of re-quired yards and setbacks, may be considered as partof the area required for Park Dedication.

3. Exclusive common space for residents of multiple-familydwellings based upon 110 square feet per dwelling orlodging unit shall be provided in any of the followingcombinations:a. All or any portion of the required open space

which is located on the project lot.and designedfor exclusive use of the occupants.

b. Roof top recreation areas at or below 40 feetabove ground elevation.

c. Interior recreation rooms within the development.

G. Open Space Treatment

1. Open space is that portion of a lot which is a requiredyard or setback area or required open space. Suchopen space shall be:

a. Open and unobstructed from ground level to thesky;

b. Landscaped and maintained, and shall not be usedfor loading purposes or storage, or parking ofcars;

c. Landscaped with a minimum of 50% of the areadevoted exclusively to plant material rooteddirectly in the ground or permanently fixedplant containers.

2. Berms, landforms, or underground structures coveredwith landscape treatment on the roof for which thefinished height is 4 feet or less measured from groundelevation, shall be considered as part of the requiredopen space.

H. Off-street Parking

1. Parking requirements:a. Multiple-family dwellings:

Required ParkingFloor Area of Unit Per Unit

600 square feet or less l

More than 600 but lessthan 800 square feet 1-1/4

800 square feet and over 1-1/2

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b. Churches and theatres: One space per every fivefixed seats;

c. Nursing, convalescent, aged, disabled and handi-capped homes: One space per four patient beds,dwelling units or lodging units.

d. Public school: One space per classroom.

e. All other uses listed in the Mixed Use and MarinePrecincts: One space per 400 square feet offloor area.

O

f. Industrial Service Precinct Uses listed in subsectionsIV.D.2.a. through h: One space per 800 squarefeet of floor area.

g. Waterfront Industrial Precinct Uses: One spaceper 1,000 square feet of floor area.

2. Off-site provisions:

a. Except for multiple-family dwellings, permits foroff-site and joint use parking facilities may begranted under Comprehensive Zoning Code Sections21-2.67, 21-2.68 and 21-2.69.

I. Signs

1. In connection with any permitted use, only one wallor marquee facia identification sign of one squarefoot per one linear foot of the building frontagenot directly illuminated, nor illuminated from withinthe sign structure and not exceeding 24 square feet inarea shall be permitted per street front for each groundfloor establishment having one or more principal pedestrianentrances to the building, provided that if all buildingson the street frontage are set back a minimum of 25 feetfrom the property line, one ground identification sign,not directly illuminated, nor illuminated from within thesign structure and not exceeding 12 square feet in area,shall also be permitted for each principal pedestrianentrance side. Such ground signs shall not be locatedcloser than 10 feet to any property line. In lieu ofone of the above signs, one garden sign may be permitted.

2. Wherever the Comprehensive Zoning Code sign regulationfor a specific use is more restrictive than the aboveregulation, the sign dimensions and location shall complywith the Comprehensive Zoning Code regulation for thespecific use.

(OCS/061680/LC)

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J. Architectural Criteria

1. The orientation range of the long axis of buildingsabove 40 feet in height expressed in azimuth degreesfrom North shall be within 0 to 60. The width ofthe,building measured perpendicular to the.long axisshall not exceed 100 feet, nor shall the length of thebuilding parallel to the axis exceed 200 feet.

2. Street frontage first floor elevation shall not deviatemore than 18 inches from the adjacent curb elevationunless modified by the Director of Land Utilizationbecause of unusual design considerations.

3. Ground floor establishments shall provide clear glasswhen glass is used as a ground floor facade.

4. All roof-top mechanical appurtenances, stairwells andelevator enclosures, ventilators and air-conditioningequipment shall be screened from view by architecturaland/or landscape treatments.

5. Parking structures shall have a minimum 10-foot land-scape strip along adjacent streets; roof-top parkingshall be substantially screened from oblique as wellas overhead views by landscaping or architecturalfeatures, such as trellises in combination with landscaping.

K. Circulation Criteria

1. The approval of Directors of Land Utilization and Trans-portation Services is required on plans for the additionto, or deletion, modification or alteration of existingstreets shown on the District ordinance "Exhibit C".

2. Public or private mid-block pedestrian and/or bicyclecirculation paths shall be created and maintained inconjunction with development projects. These circulationpaths shall be lighted and have a minimum width of 12feet, accessible to the public at all times.

L. Landscaping

1. Trees and street landscaping for all streets shallbe provided by all new development applicants in accordancewith "Exhibits D and E" of this ordinance and the followinglist:

a. Major street system tree species and spacing:(1) South King Street: Rainbow Shower 25 feet

on center (o/c).maximum

(2) Kapiolani Boulevard: Monkeypod 80 feet o/cmaximum

(OCS/061680/LC)

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(3) Queen Street to Auahi Street: Royal PoincianaagCoconut Palm. 2 Rainbow and 3 CoconutPalm's per.100 feet of street frontage

(4) Pohukaina Street: Madagascar Olive 25 feeto/c maximum

(5) Ala Moana Boulevard: Monkeypod and CoconutPalm. 3 Coconut Palms and 1 Monkeypod per100 feet of street frontage

(6) Punchbowl Street: Monkeypod 80 feet o/c maximum

(7) South ftreet: Autograph 25 feet o/c maximum

(8) Cooke Street: Yellow Poinciana 25 feet o/cmaximum

(9) Ward Avenue: Native Wiliwili 60 feet o/cmaximum

(10) Kamakee Street: Jack-in-the-Box 25 feeto/c maximum

(11) Pensacola: Royal Poinciana 50 feet o/c maximum

(12) Piikoi Street: Monkeypod 80 feet o/c maximum

b. Local street system tree species shall be subject tothe approval of the Director of Land Utilization inconsultation with the Director of Parks and Recreation.The maximum spacing shall be 30 feet on center.

c. Street trees shall be a minimum 3-inch caliperexcept palms which shall have a minimum trunk ,height of 15 feet.

d. On the major street system, the area between thecurb and sidewalk shall be landscaped, except fornecessary walks and drives, and provided with anirrigation system. Planting in these areas shallnot exceed 30 inches in height and shall be grassonly where adjacent curbside parking is permitted.

e. Where landscaping is required between the .sidewalk

and building, at least 25% of the area shall includeplant material, 36 inches or higher.

2. Sidewalk materials shall conform to the City and Countystandards for a minimum of 75% of the required sidewalkarea. The total sidewalk pattern and the material ofthe 25% area shall be subject to the approval of theDirector of Land Utilization. Upon the recommendationsof the Director and Chief Engineer of the Department ofPublic Works, exceptions to the City and County standard

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fnshclosely

(OCS/061680/LC)- 12 -

so-se

3. Any tree 6 inches or greater in trunk diameter shallnot be removed with the following exceptions:a. The tree is not predominately visible from any

street, park or other public viewing area.b. There are no alternatives to removal to achieve

appropriate development on the site.

c. The tree is a hazard to public safety or welfare.d. The tree is dead.

4. Replacement of trees:a. Any tree removed which is predominately visible

from any street, park or other public viewingarea shall be replaced by a tree of minimum3-inch caliper.

b. Where possible, trees proposed for removal shallbe relocated to another area of the project site.

M. Off-street Loading

Off-street loading shall comply with the ComprehensiveZoning Code for similar uses.

N. Uses and Activities Permitted in Yards

No business activity of any kind, including advertising,promotion, solicitation, merchandising or distribution ofcommercial handbills, or structures or any other use oractivity, except newspaper sales and distribution shallbe located or carried out within any required yard, street,or street setback area except those areas occupied byenclosed non-conforming buildings.

O. Utilities

Public utility companies shall place utility lines under-ground within the district. The Director of Land Utilizationmay modify this requirement for an electric distribution ortransmission system in excess of 15 kilovolts when it issatisfactorily justified.that the alternative will equallyachieve the intent and objectives of the district.

(OCS/061680/LC)

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P. SubdivisionNo parcel shall be subdivided into lots of less than 10,000square feet with a minimum lot width of 50 feet. Consolidationof lots regardless of the cumulative size, in conformity withthe subdivision regulations shall be permitted.

Q. Temporary Uses

Carnivals, circuses and fairs of not exceeding three daysshall be permitted in all precincts.

R. Non-Conforming UsesOrd.EM A non-conforminguse may be expanded, replaced and/or re-

established in a new conforming development, provided thatthe applicant shall submit a compatibility analysis reportindicating to the satisfaction of the Director of LandUtilization that the non-conforming use would have no moreadverse impact upon the proposed development or the adjacentareas than permitted uses in.the precinct. The analysisreport shall include such considerations as operationalcharacteristics of the use, noise, odor, hours of operationand other pertinent data unique to the proposal. Such usesshall be considered as part of floor area, and upon approval,shall be regulated in a manner consistent with other useswithin the development.

S. Joint Precinct Development

Where a development is within more than one precinct, theallocation of uses shall be in proportion to that which ispermitted within each precinct. The location of.such useswithin the development need not comply with the precinctboundaries.

T. Joint Parcel Development

A single project may consist of several parcels, either ad-joining or separated by a street. Such projects will be reviewedas a total project in terms of permitted density and uses. Allparcels involved shall be bound by the conditions and plansof the approved project.

SECTION VI. Project Eligibility

Ord. A. Prior to applying for a suilding Permit for an exempt projector a Development Conformance Certificate for other projects,a property owner or developer shall obtain an approval ofproject eligibility from the Director of Land Utilization.Said approval shall not be issued except upon a finding bythe Director that all necessary infrastructure facilitiesfor the area are congruent with the proposed development.

(OCS/061680/LC)

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80-58'

B. Infrastructure facilities shall include but not be limitedto streets, pedestrian and bicycle circulation, sanitarysewers, drainage and water. The Director of Land Utilization

shall approve the project's eligiblity upon a finding that:

1. Off-site infrastructure facilities for the project arein place and adequate, or are proposed with firm con-struction schedules to be installed to coincide withthe construction schedule of the project;

2. Subsequent development of necessary infrastructurefacilities in the area will not disrupt the normaloperation.of completed projects; and

3. The proposed development does not involve temporaryconnections to facilities which are programmed to bereplaced within six years from the date of applicationfor a Building Permit.

C. In determining project eligibility, the Director of LandUtilization shall consult with the applicable governmentalagencies.

D. No application for Building Permit shall be considered priorto obtaining an approval from the Director of Land Utilization

as to the project's eligibility to proceed.

SECTION VII. Project Classification

A. Significant Projects

Projects involving demolitions and exterior repairs or altera-tions which adversely change the character or visual appearanceof & structure or site on the Hawaii Register of HistoricPlaces and the National Register of Historic Places shall beconsidered as significant projects.

B. .Non-significant Projects

The following projects shall be considered as non-significant:

1. Non-conforming expansion or replacement of uses andstructures;

2. Re-establishment of a non-conforming use;

3. Joint precinct and joint parcel developments;

4. Projects containing multiple-family dwellings;

5. Projects in Industrial Services Precinct abuttingor fronting on Mixed Use Precinct.

6. All projects within the Public Use Precinct.

(OCS/061680/LC)

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80-58

J

III

I

U iil lisillit iglipimW-ipi ill li ill i

C. Exempt

The following projects shall be exempted from the requirementto obtain a Development Conformance Certificate:

1. Demolitions, except for structures and sites on theHawaii Register of Historic Places and the NationalRegister of Historic Places;

2. All interior-repairs or alterations;

3. All exterior repairs or alterations except forthose which conflict with the objectives of this ,

ordinance;4. Signs; and

5. All other projects not classified as significant ornon-significant.

SECTION VIII. Applicability of Regulations

All developments within the District shall comply with thoseComprehensive Zoning Code provisions not superseded or modifiedby this ordinance.SECTION IX. Application Procedures

All applications for structures and uses within the KakaakoSpecial Design District shall comply with Section 21-13.8, Appli-

cation Procedure, of the Comprehensive Zoning Code.

SECTION X. Certificate of Occupancy

No Certificate of Occupancy shall be issued for any developmentwithin the District until it is determined by the Director ofLand Utilization that all of the conditions, specifications, andrequirements of this ordinance have been met.

SECTION XI. Violations and Penalties

.(a) The City may maintain an action for an injunction torestrain any violation of the provisions of this ordinanceand may take any other lawful action to prevent orremedy any violation.

(b) Any person violating any provision of this ordinanceshall upon conviction, be punished by a fine not exceeding$1,000 or by.imprisonment not exceeding thirty days,or by both such fine and imprisonment. The continuanceof any such violation after conviction shall be deemeda new offense for each day of such continuance.

SECTION XII. Expiration of the Development Conformance Certificateand Building Permit

(OCS/061680/LC)

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80 58

The Development Conformance Certificate shall be null and void uponapplicant's failure to secure building permits within two (2) yearsof the date of issuance of the Certificate.

SECTION XIII. Exhibits

A. Use Precincts

B. Height Limits

C. Circulation

D. Street Trees

E. Street Frontage Design Criteria

SECTION XIV. Severability

Each of the provisions of this ordinance shall be severable andif any provisions shall be determined to be invalid or unconsti-tutional by any court of competent jurisdiction, the remainingprovisions shall not be affected thereby but shall remain infull force and effect.

SECTION KV. This ordinance shall take effect upon approval.INT ODUCED BY:

DATE OF INTRODUCTION:JULY 11, 1979Honolulu, HawaiiAPPROVED AS TO FORM ANDLEGALITY:

Councilmembers

D hty Corporation Counsel

)BAPPROVED this 3rd day of

July , 1980.

K F. FASI yCity and County f Honolulu

(OCS/061680/LC)- 17 -

80-56


HONOLULU,HAWAII

CERTIFICATE

I hereby certify that Bill No. 64 (1979), Vetoed

by the Mayor on Ju ly 3 , 19 8 0, was

taken up by the Council of the City and County of Honolulu for consideration on

July 2 3 , 19 8 0, and, at the same meeting, Approved by the

said Council, the Veto of the Mayor to the Contrary Notwithstanding, on the

following vote:Mr. Akahane, Mr. Clement, Mr. Fong, Mr. Matsumoto,

AYES: Mr. Nekota, Mr. Poepoe, Mr. Pacarro. - 7.

NOES: Mrs. Bornhorst, Mr. Loo. - 2.

ABSENT AND EXCUSED: -- None --

Dated, Honolulu, State of Hawaii, this 24th day of

July, 19 80

CITY COUNCIL

UDY PACARROC n and Presiding Officer

ATT


80 -58

KAKAAKO SPECIAL DESIGN DISTRICT

A MOA NORTH0 400

MLEGEND·

. | Ma i MIXED USE

I 15 I INDUSTRIAL SERVICES

W I I W1 I WATERFRONT INOUSTRIAL

I M i MARINE

LPL..] Pustic usE .

EXHIBIT A

Grg. m-a USE PRECINCTS .

ORDINANCE NO. 80-58 ye 7-23-80

I

KINÔ

65

35

65

6 ./' KAK KO SPEC DISTRICT

80 A A MOANA

25'

4 40à 4 '

80°

25'

25 EXHIBIT B

ri HEIGHT LIMITS

ORDINANCE No. 80-58 DATE 7-23-80

AUAHI KAKAAKO SPECIAL DESIGN DISTRICT1¯e

o* ød 200 000

..... ...AOANAg e NORTH

LEGEND:

mme MAJOR STREET SYSTEMBUILDING SETBACK A

eese MAJOR STREET SYSTEMßUILDING SETBACK B

LOCAL STREET SYSTEMButLDING SETBACK C

EXHIBIT C

CIRCULATION

ORDINANCE NO. 80-58 DATE 7-23-80

'KAKAAKO SPECIAL DESIGN DISTRICT

200 000

e OANAgNORTH

EXHIBIT D

Am Aord.¾ STREET TREES

ORDINANCE NO. 80-58 OATE 7-23-80

BMal ngmE veight LS'mit

See Note

ua hnve

pe See Note

15 15

See NoteSee Note

Street StreetTrees 8' . / Trees o..-.... -....- ..-- -

M In.' I

10 Minimum 5 10' Minimum 5°SETBACK A ARCADES SETBACK B

Maximum Height Limit

See Note --See Note

NOTE Property Line or Development Plan .. r Setback Line Whichever is Greater.

NOTE Structures Above 40 Feet Shall Not5Exceed 25°/o of the Zoning Lat Area.

street KAKAAKO SPECIAL DESIGN DISTRICTTreesim.aft | EXHIBIT EOrd MS

STREET FRONTAGEDESIGN CRITERIA

SETBACK C onomace no. 80-58 ene 7-23-80

(TC)ORDINANCE NO. jggge_ggg BILL NO. 45 (1980)

(Draft No. 2)

A BILL FOR AN ORDINANCE TO AMEND THE REVISED ORDINANCES OFHONOLULU 1969, AS AMENDED, BY AMENDING SECTION 15-20.2, ARTICLE20 OF CHAPTER 15 RELATING TO.MOTOR VEHICLE SAFETY INSPECTION FEES.


SECTION l. The Revised Ordinances of Honolulu 1969, asamended, is hereby further amended by amending Section 15-20.2,Article 20 of Chapter 15 to read as follows:

"Article 20. Inspection of Motor Vehicles

Sec. 15-20.2. Inspection Fees.

(1) A fee of not more than $4.25 may.be charged by theSperator of an official inspection station for theinspection of motor vehicles other than a trailer andthe issuance of a certificate therefor as provided inSec. 15-20.l(4). A fee of not more than $2.25 may becharged by the operator of an official inspection -

station for the inspection of trailers. The JChief ofPolice/ Director of Finance shall collect from theoperator of an official inspection station, the sum ofnot more than fifty cents (50¢) from the above chargedfees. Twenty-five (25¢) of the said fifty cents (50¢)shall be for the left one-half of the sticker, desig-nating the month of expiration of the inspectioncertificate,and twenty-five cents (25¢) of the saidfifty cents (50¢) shall be for the right one-half ofthe sticker, designating the year of expiration of theinspection certificate. It is the intent of thisprovision to set the fee for motor vehicle inspectionsas provided for in Section 286-26(e), HRS.

(2) A fee of not more than $5.00 per hundred motor vehiclesafety inspection applications will be charged to allofficial inspection stations and to any one who isauthorized to do official motor vehicle safety inspections.The cost of obtaining these forms may be added to theregular safety inspection fee.

SECTION 2. Ordinance material to be repealed is bracketed.New material is underscored. When revising, compiling or printingthis Ordinance for.inclusion in the Revised Ordinances of Honolulu,the Corporation Counsel need not include the brackets, the bracketedmaterial or the underscoring.

80 -se



APRIL 9, 1980

Honolulu, Hawaii


Dep ty Corporation Counsel

APPROVED this 6 day of, 1980.


-2-

80 -59

(TC)ORDINANCE NO. 6MD-180V' BILL NO·

, 1980(Dredt No. 1)

A BILL FOR AN ORDINANCE TO AMEND SECTION 15-2.4(l), REVISEDORDINANCESl969, RELATING TO AUTHORIZED EMERGENCY VEHICLE, ETC.BE IT ORDAINED by the People of the City and County of Honolulu:

SECTION 1. Section 15-2.4(1), R. O. 1969, is hereby amendedto read as follows:

"Sec. 15-2.4(l). Authorized Emergency Vehicle, Etc. Anyvehicle of the police and fire departments of the City andCounty of Honolulu, or of a federal agency having similarfunctions of law enforcement and fire protection as thepolice and fire departments of the City and County ofHonolulu; any vehicle privately owned by police officersdesignated and approved by the Chief of Police to be usedby them in the performance of their duties and any Federal,State and City and County ambulance. It shall also mean anyother vehicle, including vehicles under private ownership,as may be designated after inspection by and approval of theDirector of Finance with the exception of privately ownedambulances which shall,be inspected and approved by theEmergency Medical Services Systems Branch of the State ofHawaii Department of Health.

SECTION 2. Ordinance material to be repealed is bracketed;new material is underscored. When revising, compiling or printingthis Ordinance for inclusion in the Revised Ordinances of Honolulu,the Corporation Counsel need not include the brackets, the bracketedmaterial or the underscoring.SECTION 3. This Ordinance shall take effect upon its approval.


MAY 28, 1980

Honolulu, Hawaii

CouncilmenAPPROVED AS TO FORM AND LEGALITY:


APPROVED this day of

FRANK A . FA I, Ma or 80 -60

(TC)ORDINANCE No. 80-81 BILL NO· , 1980

A BILL FOR AN ORDINANCE TO AMEND SECTION 15-20.1 AND SECTION15-20.2, REVISED ORDINANCESl969, RELATING TO INSPECTION OF MOTORVEHICLES.


SECTION 1. Section 15-20.1, R. O. 1969, is hereby amendedto read as follows:

"Sec. 15-20.1. Official Inspection Stations.(1) Pursuant .to the authority granted in Sec. 286-27,

HRS, the [Honolulu Police Department] Department of Financeis designated as the department responsible for supervisingthe operation of official inspection stations according to

-standardsprescribed.by the State highway safety coordinator.

(2) Application for such permit shall be made upon anofficial form and shall be granted only when the [Chief ofPolice] Director of Finance is satisfied that the stationis properly equipped and has competent personnel to makesuch inspections and adjustments and will be properlyconducted.

(3) No permit for an official inspection station shallbe issued without the following equipment: headlight testingmachine approved by the [Chief of Police] Director of Financeand a wheel alignment gauge or tester also approved by the(Chief of Police] Director of Finance.

(4) The.person operating an.official inspection stationshall issue a certificate of inspection and approval upon anofficial form to the owner of a vehicle upon inspecting suchvehicle and determining that its equipment is in good workingcondition and proper adjustment, otherwise no certificateshall be issued. When required by the [Chief of Police]Director of Finance, record and report shall be made ofevery inspection and every certificate issued therefor.""Sec. 15-20.2. Inspection Fees.

A fee of not more than $[4.25] 4.75 may be charged bythe operator of an official inspection station for theinspection of motor vehicles other than a trailer and theissuance of a certificate therefor as provided in Sec.15-20.l(4). A fee of not more than $(2.25] 2.75 may becharged by the operator of an official inspection station forthe inspection of trailers. The (Chief of Police] Directorof Finance shall collect from the operator of an officialinspection station, the sum of not more than fifty cents(50¢) from the above charged fees. Twenty-five cents (25¢)of the said fifty cents (50¢) shall be for the left one-half of the sticker, designating the month of expiration ofthe inspection certificate, and twenty-five cents (25¢) ofthe said fifty cents (50¢) shall be for the right one-halfof the sticker, designating the year of expiration of theinspection certificate. It is the intent of this provisionto set the fee for motor vehicle inspections as provided forin Section 286-26(e), HRS."

SECTION 2. Ordinance material to be repealed is bracketed;new material is underscored. When revising, compiling or printingthis Ordinance for inclusion in the Revised Ordinances of Honolulu,the Corporation Counsel need not include the brackets, the bracketedmaterial or the underscoring.

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LTRODUCED BY:

Councilmen


MAY 2 8 , 19 8 0

Honolulu, Hawaii


Deptítly Corporation Counsel

APPROVED this day

of Uh , 1980

BRER F. F SI, M r

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(CZC)ORDINANCE No. 80-62 BILL NO. 63 (1980)

(DRAFT NO. 2)

A BILL FOR AN ORDINANCE TO AMEND ARTICLE 11 OF THE COMPREHENSIVEZONING CODE RELATING TO FLOOD HAZARD DISTRICTS AND AMENDINGSECTION 21-1.10 BY DELETING DEFINITION OF DESIGN FLOOD, FLOODWAYAND FLOOD PLAIN.


SECTION I. Section 21-1.10. Definition is hereby amendedby deleting the definition of Design Flood, Floodway and FloodPlain.

SECTION II. Article 11 of the Comprehensive Zoning Codeis hereby amended in its entirety to read as follows:

Article 11, Flood Hazard Districts

Section 21-11.1. Legislative Intent.

Within the City and County of Honolulu, certain areas are subjectto periodic inundation by flooding and/or tsunami which may resultin loss of life and property, creation of health and safety hazards,disruption of commerce and governmental services as well asextraordinary public expenditures for flood and tsunami protectionand relief.

The purpose of establishing the Flood Hazard Districts is toprotect life and property and reduce public costs for floodcontrol, rescue and relief efforts thereby promoting the safety,health, convenience and general welfare of the community.Section 21-11.2. Statutory Authority.

This article is enacted pursuant to the U.S. National FloodInsurance Act of 1968 (Public Laws 90-448 and 91-152), as amended,and the U.S. Flood Disaster Protection Act of 1973 (Public Law93-234), as amended.

Section 21-11.3. Establishment of Flood Hazard Districts.

(a) Flood Hazard Districts.

This article shall apply to all lands within the Flood HazardDistricts as delineated on the Flood Boundary and FloodwayMaps, and Flood Insurance Rate Maps, as prepared by theFederal Insurance Administration, Federal Emergency ManagementAgency, and the following Flood Hazard Districts are established:

(1) Floodway District(2) Flood Fringe District(3) Coastal High Hazard District(4) General Flood Plain District

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b) The Flood Hazard Districts are delineated on the .FloodBoundary and Floodway Maps, and Flood Insurance Rate Maps,and any amendments by the Federal Emergency ManagementAgency, on file with the Department of Land Utilization, Cityand County of Honolulu and hereinafter called Flood Maps.

(c) Interpretation of Flood Maps.

(1) Flood Boundary in Flood Hazard Districts and RegulatoryFlood Elevation in Floodway, Flood Fringe and CoastalHigh Hazard Districts.

The flood boundary and regulatory flood elevationsshall be determined by the flood maps. Where inter-pretation is needed as to whether or not a projectlies within a certain flood district, or interpretationis needed on the regulatory flood elevation in theFloodway, Flood Fringe or Coastal High Hazard Districts,a request for interpretation shall be submitted to theDirector for determination. The request shall includethe project site and location plan, property lines anddimensions and tax map key.

(2) Other Interpretation.

Where interpretation on the regulatory flood elevation,or other data is needed, other than as stated in sub-section (c)(l) above, the Director with the recommendationof the Chief Engineer shall make the determination.

The request for interpretation under this section,shall be submitted to the Director, and include threesets of documents, stamped and signed by a registeredprofessional engineer, containing adequate informationand substantiating data consistent with this article,such as flood study, flood data, project site andlocation plan, property lines and dimension, tax mapkey, and topographic data, contours or spot elevationsbased on reference marks on flood maps. Upon review bythe Director, other related information may be requiredto evaluate the request.

Section 21-11.4. Definition.

Unless plainly evident from the context that a different meaningis intended, the words and terms used herein are only applicableto this article and defined as follows:

Chief Engineer. Chief Engineer means the Director and ChiefEngineer, Department of Public Works, City and County of Honolulu.

Coastal High Hazard District. Coastal High Hazard District meansthe district consisting of the area subject to high velocity watersincluding but not limited to tsunamis and delineated on the floodmaps as the colored or shaded area on the flood maps and designatedZones V1 to V30 on the Flood Insurance Rate Maps.

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Development. Development means any man-made change to improvedor unimproved real estate, including but not limited to buildingsor other structures, filling, grading, or excavation operation.Director. Director means the Director of Land Utilization,Department of Land Utilization, City and County of Honolulu.

Flood or Flooding. Flood or flooding means a general andtemporary condition of partial or complete inundation of normallydry land areas from Ehe overflow of inland or tidal water result-ing from any source, such as tsunamis, or the unusual and rapidaccumulation of runoff of surface waters from any source.

Flood Elevation. Flood elevation means the water surface elevationof the regulatory flood in relation to elevation reference markson flood maps.

Flood Fringe. Flood fringe means the portion of the flood plainoutside of the floodway.

Flood Fringe District. Flood Fringe District means the districtconsisting of the area of the flood fringe as delineated on theflood maps as the colored or shaded area on the flood maps anddesignated Zones Al to A30, AO and AH on the Flood Insurance RateMaps.

Flood Hazard Districts. Flood Hazard Districts mean the districtsconsisting of the General Flood Plain District, the FloodwayDistrict, the Flood Fringe District and the Coastal High HazardDistrict as delineated on the flood maps.

Flood Plain. Flood plain means dae watercourse and adjoiningnormally dry land area that is likely to being inundated by theregulatory flood.

Flood Proof. Flood proof means any combination of structuraland/or nonstructural additions, changes or adjustments tostructures and/or properties which reduce flood damage.

Floodway. Floodway means the watercourse and portions of theflood plain which are reasonably required in order to carry ordischarge the regulatory flood without increasing the floodelevation of the flood plain more than one foot at any point.

Floodway District. Floodway District means the district consistingof the area of the floodway as delineated on the flood maps asthe uncolored or unshaded area on the Floodway maps and designatedZones Al to A30, AO and AH on the Flood Insurance Rate Maps.

General Flood Plain District. General Flood Plain District meansthe district consisting of the approximate flood plain area asdelineated on the flood maps, where detailed engineering studieshave not been conducted to designate the flood fringe and floodwayareas and delineated on the flood maps as the colored or shadedarea on the flood maps and designated Zones A and A99 on the FloodInsurance Rate Maps.

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Hdbitable Floor. Habitable floor means any floor used for livingpurposes, which includes working, sleeping, eating, cooking orrecreation or a combination thereof. A floor used only forstorage purposes is not a habitable floor.

Regulatory Flood. Regulatory Flood, base flood, or 100-year flood,mean the flood having a one percent chance of being equalled orexceeded in any given year.Flood Hazard Variance. Flood Hazard Variance means a grant of relieftrom the requirements of this article.

Section 21-11.5. Warning and Disclaimer of Liability.The degree of flood and tsunami protection required by thisarticle is considered reasonable for regulatory purposes and isbased on standard engineering methods of study. Larger floodsor tsunamis than the regulatory flood as designated on the floodmaps, may occur on occasions, or flood or tsunami elevations may beincreased by man-made or natural causes. This article does notimply that areas outside the flood hazard area will be freefrom flooding or damage.

This article shall not create liability on the part of theCity and County of Honolulu or any officer, official or employeefor any flood or tsunami damages that result from reliance onthis article or any administrative decision lawfully madethereunder.Section 21-11.6. Standards for Development.Developments within the Flood Hazard Districts shall:

(a) Be designed and structures adequately anchored to resistflotation, collapse or lateral movement due to the forcescaused by the regulatory flood;

(b) Use construction materials and equipment that are resistentto flood damage for portions below the regulatory floodelevation;(c) Use construction methods and practices that will minimize

damage caused by the regulatory flood;

(d) Be consistent with the need to minimize damage by theregulatory flood to the best available technological andpractical design and construction;

(e) Provide utilities and facilities including but not limitedto sewers, water, electric, telephone and gas to be designed,located, and constructed to minimize impairment to servicecaused by the regulatory flood;

(f) Provide drainage to minimize damage by the regulatory floodin accordance with the Storm Drainage Standards of theDepartment of Public Works.

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(g) For new or replacement potable water system and facilities,be designed to minimize or eliminate infiltration of floodwaters into €he systems;

(h) For new or replacement sanitary sewer system and wastedisposal system, be designed, located, and constructed soas to minimize impairment to them or contamination fromthem during and subsequent,to flooding by the regulatory flood.

Section 21-11.7. Floodway District.

(a) Use Regulation.

Within the Floodway District, the following uses having alow flood damage potential and not adversely obstructing theregulatory flood, shall be permitted as under the underlyingzoning district and which are not prohibited by any otherlaws or ordinances; and provided they do not adversely affectthe capacity of the floodway or any tributary or any otherdrainage facility or system:

(1) Public and private outdoor recreational facilities,lawn, garden and play areas.

(2) Agricultural uses including farming, grazing, pasture,and outdoor plant nursery.

(3) Drainage improvements, such as dams, levees, channelsand bridges.

(b) Standards.Temporary or permanent structures, fill, storage of materialor equipment or other improvements which adversely affectsthe capacity of the floodway or adversely increases theregulatory flood elevations shall not be allowed. Construc-tion and improvements shall be subject to documentation bystudies and data by a registered professional engineer thatto the best available technical knowledge and information,encroachment shall not result in any adverse increase in theregulatory flood elevations during occurrence of the regulatoryflood.

Section 21-11.8. Flood Fringe District.

(a) Use Regulation.

Within the Flood Fringe District, the uses permitted inthe underlying zoning district shall be permitted providedsuch uses, improvements, structures and utilities are incompliance with the provisions of this article.

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(b) Standards.

In addition to Section 21-11.6, the following standardsshall be applicable in the Flood Fringe District:

(1) All construction and improvements of residentialstructures shall have.the lowest habitable floorincluding basements but not including floors used forstorage purposes, garages, carports-and lanais,elevated to or above the regulatory flood elevation.Maximum height in agricultural or residential districtsmay be exceeded by no more than 5 feet provided suchadditional height shall not be greater than 25 feetabove the regulatory flood elevation.

(2) All construction and improvements of non-residentialstructures.shall have the lowest habitable floor elevatedto or dbove the regulatory flood elevation;.or togetherwith attendant utility and sanitary facilities, bedesigned and constructed so that below the regulatoryflood elevation, the structure is watertight with wallssubstantially impermeable to the passage of water andwith structural components having the capability ofresisting hydrostatic and hydrodynamic loads and effectsof buoyancy due to the regulatory flood.

(3) The structure above the regulatory flood elevation shallbe securely anchored to the foundation to resist movementand flotation due to the regulatory flood.

(4) All construction, improvements, portions of structuresand foundations, below the regulatory flood elevation,shall be designed to be flood-proofed, anchored toresist movement and flotation and be able to resistthe impact and calculated forces of the regulatory flood.

(5) In areas of shallow flooding, as designated on theflood maps as AO and AH zones, all construction andimprovements of residential structures, including butnot limited to dwelling or lodging units, shall havethe lowest habitable floor including basements elevateddbove the crown of the nearest street to or above thedepth number specified on the flood maps. All newconstruction and improvements of non-residential struc-tures within Ehe AO and AH zones shall have the lowesthabitable floor elevated above the crown of the neareststreet to or above the depth number specified on theflood maps; or together with attendant utility andsanitary facilities-be completely flood-proofed to ordbove that level so that any space below that level iswatertight with walls substantially impermeable to thepassage of water and with structural components havingthe capacity of resisting hydrostatic and hydrodynamicloads and effects of buoyancy.

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Section 21-11.9. Coastal High Hazard District.

(a) Use Regulation.

Within the Coastal High Hazard District, the uses permittedin the underlying zoning district shall-be permitted providedsuch uses, improvements, structures and utilities are incompliance with the provisions of this article.

(b) Standards.In addition to Section 21-11.6, the following standards shallbe applicable in the Coastal High Hazard District.

(1) All construction and improvements shall have the lowesthabitable floor including basements elevated to orabove the regulatory flood elevation and securelyanchored to piles or columns to resist movement andflotation and such foundation are able to resist theimpact and calculated forces of the regulatory flood.Maximum height in agricultural or residential districtsmay be exceeded by no more than 5 feet provided suchadditional height shall not be greater than 25 feetabove the regulatory flood elevation.

(2) All construction and improvements shall have the spacebelow the regulatory flood elevation reasonably freeof obstruction or constructed with "break-away walls"intended to collapse under stress without jeopardizingthe structural support of the structure so that theimpact on the structure by tsunami is minimized. Suchenclosed space shall not be used as a habitable floor.

(3) The use of fill for structural support of buildingsshall be prohibited.

(4) All new development shall be constructed landward ofthe reach of the mean high tide.

Section 21-11.10. General Flood Plain District.

All proposed developments within the General Flood Plain District,shall be subject to review and approval of the Director. Theapplication, signed and stamped by a registered professionalengineer, shall include the following information to evaluate theflooding, and to determine whether it is located in a floodway orflood fringe area:(a) Project location and site plan showing dimensions, topographic

data, contours or spot elevation based on reference marks onflood maps, relationship of project to floodway and floodfringe areas as determined by the flood study and existingand proposed flood control measures and requirements.

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03) Flood study and drainage report including cross section andprofile of the area and the regulatory flood elevation andriverine flood velocities at the project.

Upon review by the Director, other information may be required toevaluate the flooding of the site.

The Director, with the recommendation of the Chief Engineer orother appropriate agency, shall evaluate and determine whetherUbe proposed project is located within a floodway or flood fringearea, and review the related flood data such as flood elevation,riverine flood velocities, boundaries, etc.If it is determined that the proposed project is within a floodwayarea, the project shall comply with the provisions and standardsof the Floodway District. If it is determined that the proposedproject is within a flood fringe area, the project shall complywith the provisions and standards of the Flood Fringe District.Until a floodway or flood fringe districts are designated, nodevelopment shall be allowed that would increase the water surfaceelevation of the regulatory flood more than one foot at any point.

For developments in areas where the flood study and report havebeen previously reviewed and accepted by the City, the floodstudy and drainage report information may be waived by the Director.

Section 21-11.11. Developments Adjacent to Drainage FacilityOutside the Flood Hazard District.

Applications for building permits or development projects locatedon property encompassing or adjacent to a property with any stream,river or drainage facility shall be subject to review and approvalof the Chief Engineer. Upon request by the Chief Engineer, theapplication shall include information signed and stamped by aregistered professional engineer in accordance with Section 21-1110,to evaluate the potential flooding of the area.If it is determined that the proposed project is within a floodwayarea, the project shall comply with the provisions and standardsof the Floodway District. If it is determined that the proposedproject is within a flood fringe area, the project shall complywith the provisions and standards of the Flood Fringe District.

No drainage facility, river or stream shall be modified, constructed,lined or altered in any way unless approved by the Chief Engineer.Section 21-11.12. Development Applications.

Development applications including but not limited to PlannedDevelopment; Cluster Development; Special Design District;Historic, Cultural and Scenic District; Subdivision; ConditionalUse Permit; Special Permit; change in zoning; and other projects,within the Flood Hazard Districts, shall include the stamp, signa-ture and the following statements of a registered professionalengineer and/or architect that to the best available technicalknowledge and information:

(a) the studies, plans, specifications and other documents complywith the standards of this article;

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(b) the flood-proofing measures are consistent with the regulatoryflood elevation;

(c) adequate to resist the regulatory flood forces; and

(d) structures in the Coastal High Hazard District are securelyanchored to adequately anchored pilings or columns in orderto resist the forces of the regulatory flood and does notadversely affect the regulatory flood on surrounding properties.

Information shall also include the location of the flood hazardboundaries; location, dimensions, and elevations of the propertyin relation to elevation reference marks on flood maps; regulatoryflood elevations, velocity and data; location and elevations ofexisting and proposed structures, utilities, streets and improve-ments; and the existing and proposed flood-proofing measures andimprovements.

Development applications within the General Flood Plain Districtshall include the flood documents which were reviewed and acceptedby the Director.

Whenever applicable, the flood hazard district requirements of a

development project shall be determined prior to processing forother approvals mandated by other laws and regulations.

Section 21-11.13. Flood Hazard Variance.

(a) The following, as permitted by other ordinances and regulations,unless otherwise stated, may be permitted as a flood hazardvariance from this article subject to review and approval ofthe Director:

(1) New structures except in the Floodway District whichare to be erected on a lot oflone-half acre or less inarea, contiguous to and surrounded by lots with existingstructures constructed below the regulatory floodelevation.

(2) Uses, structures and standards in the Floodway Districtas permitted under the underlying zoning district, whichdo not result in any adverse increase in the regulatoryflood elevation.

(3) Standards in the Flood Fringe and Coastal High HazardDistricts except for height standards.

[b) Application.

The application shall be submitted to the Director and signedand stamped by a registered professional architect or engineer,and shall include three sets of documents with the followinginformation as may be applicable:

(1) Plans and specifications showing the site and location;dimensions of all property lines and topographic

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elevation of the lot; existing and proposed structuresand improvements, fill, storage areas; location andelevations of existing and proposed streets and utilities;flood-proofing measures; relationship of the site to thelocation of the flood boundary; and the existing andproposed flood control measures and improvements.

(2) Cross-sections and profile of the area and the regulatoryflood elevations and profile based on elevation referencemarks on flood maps.

(3) Flood study and drainage report in areas where studyand report have not been reviewed and.accepted by theCity.

(4) Description of surrounding properties and existingstructures and.uses and the effect of the regulatoryflood on them caused by the variance.

(5) Justification and reasons for the variance withconsideration of the intent and provisions of thisarticle and information as may be applicable onthe following:

(i) The danger to life and property includingsurrounding properties due to increased floodelevations or velocities caused by the variance.

(ii) The danger that materials may be swept on toother lands or downstream to the injury of others.

(iii) The proposed water supply and sanitation systemsand the ability of these systems to preventdisease, contamination, and unsanitary conditions.

(iv) The susceptibility of the proposed facility andits contents to flood damage and the effect ofsuch damage on the individual owners.

(v) The importance of the services provided by theproposed facility to the community.

(vi) The availability of alternative locations notsubject to flooding for the proposed use.

(vii) The compatibility of the proposed use with existingdevelopment anticipated in the foreseeable future.

(viii) The relationship of the proposed use to the floodplain managementprogram for the area.

(ix) The safety of access to the property in times offlood for ordinary and emergency vehicles.

(x) The expected elevations, and velocity of theregulatory flood expected at the site due to thevariance.

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(xi) That failure to grant the variance would resultin exceptional hardship to the applicant.

(xii) That the variance will not result in adverseincrease to the regulatory flood elevations,

, additional threat to surrounding properties andto public safety, extraordinary public expense orconflict with other laws or regulations.

(6) An agreement whereby a covenant will be inserted inthe deeds and other conveyance documents of theproperty and filed with the Bureau of Conveyances ofthe State of Hawaii €hat the property is located ina flood hazard area and is subject to flooding andflood damage. The covenant shall contain a statementthat a flood hazard variance to construct a structurebelow the regulatory flood elevation will result inincreased premium rates for flood insurance and suchconstruction below the regulatory flood elevationincreases risks to life and property. The covenantshall also state that the property owner or owners willnot file any lawsuit or action against the City forcosts or damages or any claim, and shall indemnify andsave harmless the City from any liability when such loss,damage, injury or death results due to the flood hazardvariance and the flooding of the property. Upon approvalof the flood hazard variance, such covenants shall befully executed and proof of filing with the Bureau ofConveyances shall be submitted to the Director prior toissuance of any building permits.

(7) Such other factors which are relevant to the purposes ofthis article.

(c) Action.

The Director shall refer the request to the Chief Engineer,Building Superintendent, or other appropriate agency fortheir comments and recommendations. A flood hazard variancemay be granted upon showing of (1) good and sufficient cause,and determination that (2) failure to grant the variancewould result in exceptional hardship to the applicant; (3)that the variance will not result in adverse increase toflood elevations, additional threat to public safety, extra-ordinary public expense or conflict with other laws orregulations except as otherwise stated; and (4) a variancegranted within a floodway district would not result in adverseincrease of the regulatory flood elevation.

The Director may approver approve with conditions or denythe application. Such conditions may include:

(1) Modification of the project including the sewer andwater-supply facilities.

(2) Limitations on periods of use and operation.

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(3) Imposition of operational controls, sureties and deedrestrictions.

(4) -Requirements for construction of channels, dikes, leveesand other flood-protective measures.

(5) Flood-proofing measures designed consistent with theregulatory flood elevation, flood velocities, hydrostaticand hydrodynamic forces and other factors associatedwith the regulatory flood.

(6) Other conditions as may be required by the Director.

Section 21-11.14. Nonconforming Structures Wtihin the FloodHazard Districts.

Any nonconforming structures which are structures which werepreviously lawful prior to the effective date of this article butwhich are not in conformity with this article, may be continuedand subject to the following conditions.Application for development in the Floodway District shall beaccompanied by documentation by a registered professional engineerthat to the best available technical knowledge and information,the development would not result in any adverse increase in theregulatory flood elevations.

(a) Repairs and Maintenance.

Exemption from the standards of this article shall be permittedfor any work done on any nonconforming structure in any periodof 12 consecutive months on repairs and maintenance, the cost ofwhich does not exceed 50 percent of the replacement valueof the structure before the work is started, or if thestructure has been damaged and is being restored, beforethe damage occurred.

(b) Damager Destruction or Demolition.

Reconstruction and improvements shall be permitted for any workdone on.any damaged, destroyed or demolished nonconformingstructure, the cost of reconstruction which equals or exceeds50 percent of the replacement value of the structure beforethe damagesor demolition occurred, provided it is constructedin conformity with the standards and provisions of the floodhazard district in which it is located and the damage ordemolition occurred within a prior period of 12 months.

Reconstruction and improvements within the floodway districtshall comply with the standards and provisions of the floodfringe district and a registered professional engineer shallsubmit documentation showing that to the best technicalknowledge and information, the reconstruction will notincrease the regulatory flood elevations as existed duringexistence of the nonconforming structure.

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(c) EXterior Improvements to an Existing Structure.

Exemption from the standards of this article shall be permittedfor any work done on any exterior alteration, addition remodel-ing to any nonconforming structure provided work is done in a

period of 12 consecutive months, the cost of which does notexceed 50 percent of the replacement value of the existingstructure before the work is started. This cost includes allwork including repairs and maintenance as stated above.

(d) Relocation.

If a structure is relocated, it shall thereafter conform tothis article, however, exemption from the standards of thisarticle shall be permitted for any relocation of an existingnonconforming structure which is in the same zoning lot andFlood Hazard District.

Section 21-11.15. Exemption.

Application for exempted structures and improvements in the CoastalKigh Hazard District shall contain a statement from a registeredprofessional engineer or architect that to the best availabletechnical knowledge and information, the structure does not adverselyaffect the regulatory flood on surrounding properties.

Application for exempted structures and improvements in the FloodwayDistrict shall contain a statement from a registered professionalengineer €hat to the best available technical knowledge and infor-mation, €he new structure does not result in any adverse increasein the regulatory flood elevations.The following structures and improvements shall be exempted fromEhe provisions of this article.

(a) Structures listed on the National Register of HistoricPlaces or State Inventory of Historic Places forreconstruction, rehabilitation or restoration.

(b) Fences and retaining walls.

(c) Interior renovations and improvements.

(d) Repair and maintenance to strengthen or restore any existingbuilding or structure to a safe condition, as declared to beunsafe by an official charged with protecting the publicsafety.

(e) Demolition.

(f) Outdoor swimming pools.

(g) Signs.

(h) Temporary structures and uses incidental to buildingconstruction or land development.

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(i) Carnivals, circuses, luaus and fairs, and camping tents ofa temporary nature.

(j) Storage sheds for agricultural, lawn equipment and othersimilar storage sheds, including garages and carports.

Ok) Streets, roadways, off-street parking lots, including privatedriveways, bridges and walkways.

(1) Bathhouses, comfort stations, open park pavilions, boathouses, picnic tables and benches, playground equipment,recreational open play courts, and recreational outdoorlighting and landscaping.

On) Seawalls, bulkheads, wharves, piers and docks.

(n) Other structures similar to those as stated above which meetthe intent and purpose of this article as determined to beexempt by the Director.

Section 21-11.16. Other Laws and Regulations.

All construction and improvements subject to this-article shallcomply with other applicable laws and regulations including butnot limited to the Building, Housing, Plumbing and ElectricalCodes, and Grading Ordinances. This articler designed to reduceflood losses, shall take precedence over any less restrictive,conflicting laws, ordinances or regulations.

SECTION III. Effective Date. This ordinance shall takeeffect upon its approval except or otherwise herein stated asfollows:

(a) Planned Developments; Cluster Developments; Conditional UsePermits; Special Permits; Historic, Cultural and ScenicDistrict projects; Special Design District projects; andzoning variances pursuant to Section 6-1009 of the Revised 1

City Charter, approved prior to the effective date of thisordinance, provided the building permit is obtained withinsix (6) months after the effective date of this ordinance.All building permits after this period shall comply withthis ordinance.

Ob) Roadway and site improvements required for subdivision orsite development plan (Section 21-5.7) approval wheretentative approval has been granted to the preliminary mapunder the Subdivision Rules and Regulations and constructionplans have been approved by all appropriate governmentalagencies prior to the effective date of this ordinanceand provided the application does not expire and issubsequently granted final approval within the time limitspecified under the Subdivision Rules and Regulations.

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(c) Any building permit which has been lawfully issued and ineffect on the effective date of this ordinance, or buildingpermit application which have been properly filed with theBuilding Department prior to the effective date of thisordinance provided the permit is obtained within six (6)months after the effective date of this ordinance andprovided no change in the plans and specifications are madeafter the effective date of this ordinance, which willincrease the height or floor area of a building or the lotcoverage.

CouncilmenDATE OF INTRODUCTION:

MAY 28, 1980Honolulu, Hawaii



Approved this day of gy , 19 80 .

F. FAŠÏ, MayorCity and County of Honolulu

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(BC)

ORDINANCE NO. 80.63 BILL NO. 64 (1980)

A BILL FOR AN ORDINANCE TO AMEND CHAPTER 16, REVISED ORDINANCES1969, AS AMENDED, RELATING TO THE BUILDING CODE.

BE IT ORDAINED by the People of the City and County ofHonolulu:

SECTION 1. Chapter 16, Revised Ordinances of Honolulu1969, as amended, is hereby further amended by adding a newArticle 6 to read as follows:

"ARTICLE 6. REGULATIONS WITHIN FLOOD HAZARDDISTRICTS AND DEVELOPMENTS ADJACENTTO DRAINAGE FACILITIES.

Section 16-6.1. Applicability.

(a) General. The provisions contained hereinare applicable to the construction of all new build-ings and structures, relocation and major alterations,additions or reconstruction of existing buildingswithin the Flood Hazard Districts as delineated onthe Flood Boundary and Floodway Maps and FloodInsurance Rate Maps, and any amendments by the FederalEmergency Management Agency, on file with the Depart-ment of Land Utilization, City and County of Honolulu.

These provisions shall also apply to developmentsadjacent to drainage facilities outside the FloodHazard District which are determined to be within afloodway area or a flood fringe area in accordancewith Section 21-11.11 of Article 11, Chapter 21, R. O.1969, as amended.

(b) Nonconforming Buildings. Any building orstructure which was previously lawful prior to theeffective date of this Article but which is not inconformity with this Article may be continued subjectto the provisions of Section 21-11.14 of Article 11,Chapter 21, R. O. 1969, as amended.

(c) Exemptions. The provisions containedherein shall not apply:

(1) to buildings and structures exemptedfrom the Flood Hazard District provisions underSection 21-11.15, Article 11, Chapter 21, R. O.1969, as amended.

(2) to buildings and structures whichhave been granted a Flood Hazard Variance underprovisions of Section 21-11.13 of Article 11,Chapter 21, R. O. 1969, as amended.

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Section 16-6.2. Definitions.

(a) For the purpose of this Article, the followingterms shall be as defined in Article 11, Chapter 21,R. O. 1969, as amended:

(1) Coastal High Hazard District

(2) Flood Elevation(3) Flood Fringe

(4) Flood Hazard District

(5) Flood Proof

(6) Floodway

(7) Regulatory Flood

Section 16-6.3. Flood Proofing Requirements in FloodHazard Districts and Developments Adjacent to DrainageFacilities.

(a) General. Building Permit applications forstructures which are required to be floodproofed underthe provisions of Article 11, Chapter 21, R. O. 1969,as onended, and this Article shall be accompanied bystatement of a registered professional engineer orarchitect that to the best of his knowledge, informa-tion and belief, the floodproofing methods areadequate to resist the flood depths, pressures,velocities, Lapact and uplift forces and other factorsassociated with the flood, including flood-waters dueto tsunamis in Coastal High Hazard Districts.

(b) Flood Proofing of Buildings Above RegulatoryFlood Elevation. All buildings and structures whichare required to be elevated above the regulatory floodelevation shall be flood proofed by building on naturalterrain above the regulatory flood elevation on naturalundisturbed ground, or by building on stilts, or bybuilding on fill (unless fill is specifically prohibitedby Article 11, Chapter 21, R. O. 1969, as amended, inthe particular Flood Hazard District), or by otherapproved methods.

(c) Waterproofing of Buildings Below RegulatoryFlood Elevation. Any building or portion thereof, notused for human habitation, and which is permitted to bebelow the regulatory flood elevation shall either havethe space below the regulatory flood elevation free ofobstructions or shall be designed and constructed sothat below the regnatory flood elevation, the structure

- 2 -

so-sa.

is watertight with walls substantially impermeable tothe passage of water and with structural componentshaving the capability of resisting hydrostatic andhydrodynamic loads and effects of buoyancy due to theregulatory flood. Compliance with the waterproofingprovisions of the 'Flood-Proofing Regulations', pamphletNo. EP1165 2 314 published for the Office of the ChiefEngineers, U. S. Army,.Washington, D. C., shall bedeemed to be in compliance with this section. Withincoastal high hazard districts, however, any usableenclosed space below the regulatory flood elevationshall be constructed with breakaway walls intended tocollapse under stress without jeopardizing the struc-tural support of the building. Areas enclosed by suchbreakaway walls shall not be used for human habitation.

Section 16-6.4. Flood Proofing Methods.

(a) Natural Terrain. The following shall beapplicable to buildings on natural terrain:

(1) Foundation design shall take intoconsideration the effects of soil saturation onthe performance of the foundation.

(2) The effects of flood waters on slopestability and erosion shall be investigated.

(3) All utility service lines shall bedesigned and constructed as provided in thePlumbing and Electrical Codes.

(b) Building on Stilts, Where a building is tobe constructed so that the lowest floor is to beelevated above the regulatory flood elevation, the build-ing may be supported on columnar type members, such ascolumns, piers, and in certain cases, walls. Clearspacing of support members, measured perpendicular tothe general direction of flood flow shall not be lessthan eight (8) feet apart at the closest point. Thestilts shall, as far as practicable, be compact andfree from unnecessary appendages which would tend totrap or restrict free passage of debris during a flood.Solid walls, or walled-in columns are permissible iforiented with the longest dimension of the memberparallel to the flow. Stilts shall be capable ofresisting all applied loads as required by this Codeand all applicable flood related loads as requiredherein. Bracing, where used to provide lateralstability, shall be of a type that causes the leastobstruction to the flow and the least potential fortrapping floating debris. Foundation supports for thestilts may be of any approved type capable of resistingall applied loads, such as spread footings, mats, piles

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80-63'.

and similar types. In all cases, the effect of sub-mergence of the soil and additional flood water relatedloads shall be recognized. The potential of surfacescour around the stilts shall be recognized and pro-tective measures provided, as required.

(c) .Building on Fill. Except in districts wherefill is specifically prohibited as structural supportfor buildings by Article 11, Chapter 21, R. O. 1969,as amended, buildings may be constructed on fillmaterial.

The fill shall not adversely affect the capacityof the floodway or any tributary or any other drainagefacility or system, and shall be performed in accord-ance with Chapter 23, R. O. 1969, as amended.

Section 16-6.5. Structural Requirements.

(a) General. All buildings and structures to beconstructed under the provisions of this Article shallbe capable of resisting all loads required under Article1 of this Code and, in addition, all loads prescribed inthis section.

(b) Stability.

(1) Overturning or Sliding. All buildingsand structues to be constructed under the provi-sions of this Article shall be designed andconstructed to provide a minimum factor of safetyof 1.50 against failure by sliding or overturningwhen subjected to combined loads as specified insubsection (d) hereunder.

(2) Flotation. All buildings and structuresto be constructed under the provisions of thisArticle shall be designed and constructed to resistflotation from flood water at the regulatory floodelevation with a factor of safety of 1.33.

(c) Loads. The following loads shall beconsidered in the design and construction of buildingsand structures subject to the provisions of this Article:

(1) Hydrostatic Loads

(2) Hydrodynamic Loads

(3) Impact Loads. Assume concentrated loadacting horizontally at the regulatory flood eleva-tion or at any point below it, equal to the impactforce produced by a 1000-pound mass traveling at thevelocity of the flood water and acting on a one (1)

80-sa.

square foot surface of the structure.(4) Soil Loads. Consideration shall be

given to loads or pressures resulting from soilsagainst or over structure. Computation shall bein accordance with accepted engineering practicewith proper consideration for effect of water onthe soil. Special consideration shall be givenin the design of structures when expansive soilsare present.

(5) Tsunami. Structural design of build-ings and structures subject to tsunamis shall bein accordance with subsection (f) CoastalFloodwater Design.

(d) Combined Loads. All loads stipulated inArticle 1 of this Code and all flood related loadsspecified under subsection (c) above shall be appliedon the structure and on structural components, aloneand in combination, in such manner that the combinedeffect will result in maximum loads and stresses onthe structure and members. Application of these loadsshall be as follows:

(1) Dead Loads. Use at full intensity.

(2) Live Loads. Use at reduced intensityas provided in Article 1 of this Code for designof columns, piers, walls, foundation, trusses,beams, and flat slabs. Live loads on floors ator below the regulatory flood elevation andparticularly on basement slabs, shall not be usedif .their omission results in greater loading orstresses on such floors. Similarly, for storagetanks, pools and other similar structures designedto contain and store materials, which may be fullor empty when a flood occurs,-both conditionsshall be investigated in combination with floodrelated loads of the containing structure beingfull or empty.

(3) Wind Load. Use at full intensity asrequired in Article 1 of this Code on areas ofthe building and structure above the regulatoryflood elevation.

(4) Earthquake Load. Combined earthquakeand flood related loads need not be considered.

(e) Allowable Soil Pressures. Under flood condi-

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so-sa;

tions, the bearing capacity of submerged soils isaffected and reduced by the buoyancy effect of the wateron the soil. For foundations of buildings and struc-tures covered by this Article, the bearing capacity ofsoils shall be evaluated by a recognized acceptablemethod. Expansive soils should be investigated withspecial care. Soils which lose all bearing capacitywhen saturated, or become 'liquefied' shall not be usedfor supporting foundations.

(f) Coastal Floodwater Design.*

(1) Buildings or structures shall be designedto resist the effects of coastal floodwaters dueto tsunamis. The regulatory flood elevation dueto tsunami is considered to result from a non-borecondition, except where a bore condition is shownon the flood level maps or in the flood studyadopted for the County.

(2) Habitable space in building structuresmust be elevated above the regulatory flood eleva-tion by such means as posts, piles, piers, orshear walls .parallel to the expected direction offlow of the tsunami wave. The forces and effectsof floodwaters on the structure shall be fullyconsidered in the design.

(3) Allowable stresses (or load factors inthe case of ultimate strength or limit design) forthe building materials used shall be the same asthe building code provides for wind or earthquakeloads combined with-gravity loads, i.e., treatloads and stresses due to tsunamis in the samefashion as for earthquake loadings.

(4) The main building structure shall beadequately anchored and connected to the elevatingsubstructure system to resist all lateral, upliftand downward forces. In wood construction, toe-nailing is not allowed.

(5) Scour of soil from around individualpiles and piers shall be provided for in the designin the coastal flood hazard district. Shallowfonndation types are not permitted unless the

*Reference is made to the January 31, 1980 report byDames & Moore entitled 'Design And Construction Stand-ards For Residential Construction In Tsunami-ProneAreas In Hawaii" prepared for the Federal EmergencyManagementAgency for a more detailed study and analysisof tsunami wave forces.

- 6 -

80-63.

natural supporting soils are protected on all sidesagainst scour by a shore protection structure,preferably a bulkhead. Shallow foundations may bepermitted beyond 300 feet from the shore lineprovided they are founded on natural soil and atleast two feet below the anticipated depth ofscour and provided not more than 3 feet of scour isexpected at the structure. The table below givesestimated minimum depths of soil scour belowexisting grade as a.percentage of the depth (h) ofwater at the location.

ESTIMATED MINIMUM SCOUR

Distance from ShorelineUp to Greater tgan

300 Feet 300 Feet

Loose Sand 80% h 60% hDense Sand 50% h 35% hSoft Silt 50% h 25% hStiff Silt 25% h 15% hSoft Clay 25% h 15% hStiff Clay 10% h 5% h

lValues may be reduced by 40% if a substantialdune or berm higher than the regulatory floodelevation protects the building site.

2 Values may be reduced 50% if the entire regionis essentially flat.

(6) Forces which must be considered in thedesign of structures elevated to resist floodwaters,include:

(i) Buoyant Forces - uplift-caused bypartial or totalsubmergence of astructure.

(ii) Surge Forces - caused by the leadingedge of a surge ofwater impinging on astructure.

(iii) Drag Forces - caused by velocity offlow around an object.

(iv) Impact Forces - caused by debris,such as driftwood,small boats, portionsof houses, etc.,

- 7 -

so-sa.I

carried in the floodcurrents andcolliding with astructure.

(v) Hydrostatic Forces - caused by anLebalance ofpressure due toa differentialwater depth onopposite sidesof a structureor structuralmember.

(7) Buoyant Force: The buoyant force on astructure or structural member subject to partialor total submergence will act vertically throughthe center of mass of the displaced volume and iscalculated from the following equation:

F = pgV

where F = buoyant force acting vertically

p = density of water (2.0 lb-s2 4

for salt water)

g = gravitational acceleration(32.2 ft/s2

Y = displaced volume of water (ft3

(8) Surge Force: The total force on avertical wall subjected to a surge from a tsunamibore of bore-like wave acts at a distance h abovethe base of the wall and is calculated from theequation below.

FS .4.5 pgh2

where FS = total force per unit width of wall


for salt water)

g = gravitational acceleration(32.2 ft/s2)

h = surge height (ft)

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80-63:

(9) Drag Force:

FD = pC A u2

2

where FD = total drag force (lbs) acting inthe direction of flow


for salt water)

Cp = drag coefficient (nondimensional)(1.0 for circular piles, 2.0 forsquare piles, 1.5 for wallsections)

A = projected area of the body normalto the direction of flow (ft2

u = velocity of flow relative to body(ft/s) (estimated as equal inmagnitude to depth in feet of waterat the structure)

The flow is assumed to be uniform, so theresultant force will act at the centroid of theprojected area immersed in the flow.

(10) Impact Force:

F = m dU, I b

dt

FI= impact force (lb)

m = mass of the water displaced by thebody impacting the structure(slugs)

Ub = velocity of the body (ft/s)(estimated as equal in magnitude todepth in feet of water at thestructure)

t = time (s)

dUb = acceleration (deceleration) of thebody (ft/s2

This single concentrated load acts horizontally atthe regulatory flood elevation or at any point

- 9 -

so-sa'.

below it and is equal to the impact force producedby a 1000 pound wèight of debris traveling at thevelocity of the flood water and acting on a one(1) square foot _surface of the structure. Theimpact force is to be applied to the structure ata most critical or vulnerable location determinedby the designer. It is assumed that the velocityof the body goes from Ub to zero over some smallfinite time interval (¿ t) so the followingapproximation can be made:

F = 31 UI b

For light residential structures of woodconstruction, assume j t, the time interval overwhich impact occurs, is 1 second. For larger ormore rigid structures of reinforced concrete, use

t of 0.1 second and far steel, use á t = 0 . 5 second .

(11) Hydrostatic Force:2 2

F = 1 pg h + uH

FH = hydrostatic force (lb/ft) on awall, per unit width of wall


' for salt water)

g = gravitational ,acceleration

(32.2 ft/s2

h = water depth (ft)

u = velocity of flood flow (ft/s)(estimated as equal in magnitudeto depth in feet of water at thestructure)

The resultant force_will act horizontally ata distance of 1. h + u2 above the base of the

wall.

- 10 -

so-sa

SECTION 2. Effective Date. This Ordinance shall takeeffect simultaneously with Ordinance No. 80-62 , A Bill For An

Ordinance To Amend Article 11 Of The Comprehensive Zoning Code

Relating To Flood Hazard Districts And Amending Section 21-1.10

By Deleting Definition Of Design Flood, Floodway And Flood

Plain. The provisions of SECTION III Therein shall also be

applicable to this ordinance.


MAY 28, 1980

Honolulu, Hawaii


Deputy Corporation Counsel Councilmembers

APPROVED this 2()' day ofÑ pg , 1980.

FRANK F. FASI, Ma orCity and County of Honolulu

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so-sa'.

(EC) .80-64ORDINANCE NO. • BILL NO• 65 (1980)

A BILL FOR AN ORDINANCE TO AMEND CHAPTER 17, R. 0. 1969, AS

AMENDED, RELATING TO THE ELECTRICAL CODE.

BE IT ORDAINED By the People of the City and County of Honolulu:

SECTION 1. Chapter 17 thereof is hereby amended by addinga new Article 6 to read as follows:

"Article 6. Electrical Work Within Flood HazardDistricts and Developments Adjacentto Drainage Facilities.

Section 17-6.1. Applicability.

(a) General. The provisions contained herein areapplicable to the construction of all new electricalsystems, renovations and major alterations, additions,or reconstruction of existing electrical systems withinthe Flood Hazard District as established on the FloodBðundary and Floodway Maps and Flood Insurance RateMaps, and any amendments by the Federal EmergencyManagementAgency, on file with the Department of LandUtilization, City and County of Honolulu.

These provisions shall also apply to developmentsadjacent to drainage facilities outside the FloodHazard District which are determined to be within afloodway area or a flood fringe area in accordance withSection 21-11.11 of Article 11, Chapter 21, R. 0. 1969,as amended.

(b) Existing Electrical Systems. Any electricalsystem thereof which was lawful before the effectivedate of this Article but which is not in conformitywith the provisions of this Article may be continuedsubject to the provisions of Section 21-11.14 ofArticle 11, Chapter 21, R. O. 1969, as amended.

(c) Exemption. The provisions contained hereinshall not apply:

(1) To electrical systems serving buildingsand structures exempted from the Flood HazardDistrict provisions under Section 21-11.15,Article ll, Chapter 21, R. O. 1969, as amended.

(2) To electrical system serving buildingsand structures which have been granted a FloodHazard Variance under provisions of Section 21-11.13of Article 11, Chapter 21, R. O. 1969, as amended.

80-64.


(a) For the purpose of this Article, the followingterms shall be as defined in Article 11, Chapter 21,R. O. 1969, as amended:

(1) Flood Elevation(2) Flood Fringe(3) Flood Hazard District

(4) Flood Proof

(5) Floodway


(b) For the purpose of this Article, the followingwords and terms are also defined:

(1) Ground-Fault Protector (GFP). A deviceof equipment which disconnects all ungroundedconductors of the faulted circuit to protectwiring and equipment from damages.

(2) Ground-Fault Circuit Interrupter (GFCI).A device or equipment which disconnects allungrounded conductors of the faulted circuit toprotect people from electrical shocks.

Section 17-6.3. Electrical Work in the Flood HazardDistricts and Developments Adjacent to Drainage Facilities.

For electrical work on projects subject to theprovisions of this Article, the provisions of this sectionshall supplement the requirements of Section 17-5.1.

(a) Main Power Service. The incoming maincommercial power service equipment, including allmetering equipment, shall be located above theregulatory flood elevation or in a waterproof enclosureor barrier with GFP on the main disconnecting means.

(b) Stationary and Portable Equipment. Switchgear,control centers, transformers, distribution and poweror lighting panels shall be located above theregulatory flood elevation or in a waterproof enclosureor barrier with GFP on the main disconnecting means.Stationary and portable or movable electrical equipmentshall be permitted to be located below the regulatoryflood elevation provided that the circuit and equipmentshall be protected with GFCI, except sump pump and itscircuit may be without GFCI. In cases where GFCI cannotbe installed because of amperage size or usage, GFPshall be installed.

-2-

80-64,

(c) Normal and Emergency Lighting Circuits.All normal lighting circuits extending into areasbelow the regulatory flood elevation shall be energizedfrom a common distribution panel located above theregulatory flood elevation or :ua a waterproof enclosureor barrier with GFP. All emergency lighting circuitsinto areas below the regulatory flood elevation shallbe energized from an independent distribution panelalso located above the regulatory flood elevation orin a waterproof enclosure or barrier with GFP.

(d) Emergency Lighting Requirements. Allcomponents of emergency lighting systems installedbelow the regulatory flood elevation shall be so

located that no component of the emergency lightingsystem is within reach of personnel working at floorlevel in the areas where emergency lighting systemsare utilized unless the emergency lighting circuitsare provided with GFCI. The emergency lighting may befurnished by a storage battery, prime mover-generatorsystem, a separate commercial power supply system, thesame commercial power system, or a combination thereof,subject to the following provisions:

(1) Storage Battery (including batteryoperated lighting units). Battery operatedlighting units shall be completely self containedand shall indicate the state of charge of thebattery at all times. Lighting units shallautomatically provide light when the normal sourceof lighting in the areas is de-energized.

(2) Separate Commercial Power SupplySystem. This source of energy shall have a degreeof reliability satisfactory to the BuildingOfficial. A system fed from a transformer otherthan that used for the regular supply and not onthe same poles (except service pole) as theregular supply is deemed to have the requireddegree of reliability. A secondary circuit fedfrom the same primary circuit as the regularsupply shall be regarded as a separate system.

(3) Same Commercial Power Supply System.The system shall be an underground secondary systemand a separate service shall be connected on theline side of the service switch or breaker of theregular service.(e) Receptacle Circuits Below Regulatory Flood

Elevation. Receptacle circuits shall be permitted tobe installed below the regulatory flood elevation,provided that these circuits shall be protected withGFCI.

-3-

80-64:

SECTION 2. Effective Date. This Ordinance shall take effectsimultaneously with Ordinance No· 80-62 , A Bill For An OrdinanceTo Amend Article 11 Of The Comprehensive Zoning Code Relating ToFlood Hazard Districts And Amending Section 21-1.10 By DeletingDefinition Of Design Flood, Floodway And Flood Plain. Theprovisions of Section III therein shall also l>a applicable tothis Ordinance.

CouncilmenDATE OF INTRODUCTION:

MAY 28, 1980



APPROVED this ROTÑ day of

, 1980.


80.64'

(PC)ORDINANCE No. 80-65. SILL NO. 66 (1980)

A BILL FOR AN ORDINANCE TO AMEND CHAPTER 19, R.O. 1969, AS

AMENDED, RELATING TO THE PLUMBING CODE.


SECTION 1. Chapter 19 thereof is hereby amended by addinga new Article 5 to read as follows:

"Article 5. Plumbing Work Within Flood HazardDistricts and Developments Adjacentto Drainage Facilities.

Section 19-5.1. Applicability

(a) General. The provisions contained hereinare applicable to the construction of all new plumbingsystems, renovations and major alterations, additionsor reconstruction of existing plumbing systems withinthe Flood Hazard District as delineated on the FloodBoundary and Floodway Maps and Flood Insurance RateMaps, and any amendments by the Federal EmergencyManagementAgency, on file with the Department ofLand Utilization, City and County of Honolulu.

These provisions shall also apply to developmentsadjacent to drainage facilities outside the FloodHazard District which are determined to be within a

floodway area or a flood fringe area in accordancewith Section 21-11.11 of Article 11, Chapter 21, R.0.1969, as amended.

(b) Existing Plumbing Systems. Any plumbingsystem thereof which was lawful before the effectivedate of this Article but which is not in conformitywith the provisions of this Article may be continuedsubject to the provisions of Section 21-11.14 ofArticle 11, Chapter 21, R.0. 1969, as amended.

(c) Exemptions. The provisions contained hereinshall not apply:

(1) to plumbing systems serving buildingsand structures exempted from the Flood HazardDistrict provisions under Section 21-11.15,Article 11, Chapter 21, R.O. 1969, as amended.

(2) to plumbing systems serving buildingsand structures which have been granted a FloodHazard Variance under provisions of Section21-11.13 of Article 11, Chapter 21, R.O. 1969,as amended.

80.65:


(a) For the purpose of this Article, thefollowing terms shall be as defined in Article 11,Chapter 21, R.O. 1969, as amended:

(1) Flood or Flooding(2) Flood Elevation(3) Flood Fringe(4) Flood Hazard-District

(5) Flood Proof

(6) Floodway


Section 19-5.3. Drainage (Plumbing) Systems.

(a) Drainage systems that have openings belowthe regulatory flood elevation shall be provided withan automatic backwater valve installed in eachdischarge line passing through a building exteriorwall.

(b) Drainage systems for emergency servicingfacilities that are required to remain in operationduring a flood shall be provided with a sealedholding tank and the necessary isolation anddiversion piping and appurtenances to withhold orpostpone sewage discharge to the sewer system duringthe flood. The holding tank shall be sized forstorage of at least 150% of the anticipated demandfor a 24-hour period. Vents provided for such holdingtank shall terminate at an elevation of at least one(1) foot above the regulatory flood elevation.

(c) All pipes in a plumbing vent system shallterminate at an elevation of at least one (1) footabove the regulatory flood elevation.

(d) All pipe openings through exterior wallsbelow the regulatory flood elevation shall be flood-proofed to prevent infiltration of flood waterthrough spaces between pipes and wall constructionmaterials by use of imbedded collars, sleeves,waterstops, or other means as may be approved bythe Administrative Authority.

- 2 -

80-65'.

1

Section 19-5.4. Private Sewage Disposal/Treatment.

Individual private sewage disposal systems ortreatment facilities may be permitted in a Flood HazardDistrict or in other floodway or flood fringe area whendesign and location of such systems are approved by theDepartment of Health, State of Hawaii. In addition toPublic Health Regulations, Department of Health, Stateof Hawaii, all such new and replacement sewage dispoalsystems shall be designed to minimize or eliminateinfiltration of flood waters into the systems anddischarges from the systems into flood waters.

Section 19-5.5. Water Supply.

Potable water supply systems that are located in a

Flood Hazard District or in other floodway or floodfringe area shall be designed and installed in such a

manner as to prevent contamination from flood waters upto the regulatory flood elevation. Location and con-struction of private water supply wells shall complywith rules and regulations of the Board of Water Supply,City and County of Honolulu.

(a) Potable water supply tanks, fîlters,softeners, heaters, and all water-supplied appli-ances and fixtures located below the regulatoryflood elevation shall be protected against contami-nation by covers, walls, copings, or castings. Allvent pipes serving the water supply system shallterminate at an elevation of at least one (1) footabove the regulatory flood elevation.

(b) Backflow preventers or devices approvedby the Board of Water Supply shall be installed onwater service lines as close to the property controlvalve as possible to protect the public water systemfrom backflow or back siphonage of flood waters orother contaminants in the event of a line break.Devices shall be installed at accessible locationsand shall be maintained in good working conditionby the owner. The backflow preventers or devicesshall be subject to periodic testing as prescribedin the Rules and Regulations of the Board of WaterSupply.

(c) An approved double check valve assemblyshall be used in lieu of any vacuum breaker,permitted or otherwise required under Article 4,when located below the regulatory flood elevation.

I

- 3 -

80•65,

(d) Air relief valves are permitted on.privatepipelines only when installed at.least one (1) footabove the regulatory flood elevation.Section 19-5.6. Plumbing Systems in Special

Flood-Proofed Conditions.Plumbing piping under buildings constructed on stilts

shall be securely anchored against lateral.movement andflotation and protected against damage by flood water anddebris. Protection shall be provided by the structuralenclosure-of such piping or by attaching such piping todownstream side of structural members which are largeenough to provide this protection.

SECTION 2. Effective Date. This Ordinance shall takeeffect simultaneously with Ordinance Iki.80-62. , A Bill For AnOrdinance To Amend Article 11 Of The Comprehensive Zoning CodeRelating to Flood Hazard Districts and Amending Section 21-1.10By Deleting Definitions Of Design Flood, Floodway and FloodPlain. The provisions of Section III therein shall also beapplicable to this Ordinance.

YE 20F IN9TROODUCTION:

Honolulu, Hawaii




gyLg , 1980· Councilmen

FRANK F. 'AS , ayorCity and County of Honolulu

80-65'

DLUM),ORDINANCE NO.SU•ßo, BILL NO· (1980)

(DRAFT NO. 1)

A BILL FOR AN ORDINANCE TO AMEND THE DETAILED LAND USE MAP FOR

KAHUKU-KAWELA BAY-PUPUKEA BY CHANGING THE LAND USE FOR A PORTIONOF A CERTAIN PARCEL OF LAND SITUATED AT KAHUKU, KOOLAULOA, OAHU,HAWAII, AS SHOWN ON EXHIBIT A.


SECTION I. A portion of the Detailed Land Use Map forKahuku-Kawela Bay-Pupukea is hereby amended for a portion of a

certain parcel of land covered by Tax Map Key 5-6-02: portion ofParcel 11 situated at,Kahuku, Koolauloa, Oahu, Hawaii, by changingthe land use designation, as shown on the map attached hereto,marked Exhibit A, and by reference made a part hereof.


Councilmen


JULY 9, 1980

Honolulu, Hawaii



Approved this 40 day of U (16 , 1980

FRANK F. ASI, MayorCity and County of Honolulu

80.BS'

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nico a rose.fd /VDrs,ws«mmrrev

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.Krettexa -A'r9mme .Sax-Pr/st/xse.aao' sNearkt? en r½« maksi elk a/Ken:e•Aa-rxØsjtAwaçr en r½e X-steeñ·• siaC• of Ka/x/Aa supor• 727

79pphosvp/: 7//e Esis & of d'ames carnphe//onmis on City

Prt•parm:/¿Sy; / of Land /Hdi afia?saa' deerdy of & ////y

one wo.: 80- 66 , Pow'e·« No.: 4e4/e7a .au so-e

f;€0afe.' AUGUST 20, 1980 fxM N

(PTS)SO.6tfBILL NO. (1980)ORDINANCE No. •

(Draft No. 1)

A BILL FOR AN ORDINANCE TO AMEND ARTICLE 2.1, CKAPTER 28, REVISEDORDINANCES OF HONOLULU 1969, PERTAINING TO FARE STRUCTURE OF THEPUBLIC TRANSIT SYSTEM.

BE IT ORDAINED by the People of the City and County of Honolulu:SECTION 1. Article 2.1 of Chapter 28 R.O. 1969, as amended,

is hereby further amended to read as follows:Section 28-2.1. Fare Structure

(a) The following fares shall be collected from every personusing the public transit system owned or controlled bythe City and County of Honolulu:

Single Cash Monthly Bus Single Cash FareFare--Standard Pass Fare --Stadium Limited

Adult $.50 $15.00 per mo. [$.75) $1.00

Student $.25 $7.50 per mo. [$.75) $1.00(Ages 6 through highschool, however notto exceed age 19).College and universitystudents are not en-titled to use thestudent pass.Child* $.25 $7.50 per mo. [$.75) $1.00(Infant through age 5)

The monthly bus pass fare plan shall be based upon indi-vidual issuance of different colored bus passes uponpayment of the designated monthly bus fare at variouslocations to be selected and advertised by the Depart-ment of Transportation Services. The Director ofDepartment of Transportation Services, working togetherwith the Director of Finance, is authorized to enterinto contractual arrangement(s) with private financialor banking institutions when deemed to be in the bestpublic interest for the sale and issuance of bus passes.The City Council shall be informed and its consentobtained prior to the City entering into such privatearrangement. Subject bus pass shall be non-transferableand shall entitle the person to whom the bus pass isissued unlimited number of rides for the month.

*No fare shall be charged a child when accompanied by a passengerother than another child; however, a child riding free shall notoccupy a seat at the exclusion of another passenger.

Transfers will be permitted under regulations asprescribed by management.

The Stadium limited fare shall be charged on those busesoperating to and from the Aloha Stadium on routes acti-vated solely to serve events at that facility. It willnot apply to buses operating on normally establishedroutes which incidentally serve Aloha Stadium.

Notwithstanding the provisions of Sections 28-2.2 and28-2.3, blind persons and senior citizens over 65 yearsof age shall pay the regular fare of ($.75] $1.00 whenusing the stadium limited.service.

(b) The Mass Transit Division, Department of TransportationServices is hereby authorized to promulgate rules andregulations which are not inconsistent herewith, pur-suant to the provisions of Chapter 91, HRS.

SECTION 2. Ordinance material to be repealed are bracketed.New material is underscored.

SECTION 3. This ordinance shall take effect on the date ofits approval.

TRODUCED BY:


July 9, 1980

Honolulu, Hawaii



APPROVED this 20 day ofÑU usk , 1980.

Councilmembers


ORDINANCE NO. . BILL NO. (1980)(Draft No. 1)

A BILL FOR AN ORDINANCE TO AMEND SECTION 20-6.1, R.0. 1969, RELATING TO

CONSTRUCTION OF IMPROVEMENTS REQUIRED, AND TO AMEND SECTION 20-6.4, R.0.1969, REIATING TO FAILURE TO CONSTRUCT IMPROVEMENTS.


SECTION 1. Section 20-6.1, R.O. 1969, relating to constructionof improvements required,is hareby amended to read:

"Sec. 20-6..1. Construction of Improvements Required.

"(al The owner of real property abutting any publicstreet /(1)/ who or whose lessee with the approval in writingof the owner, is issued a building permit to construct orreconstruct a building on such property, where such propertyis situated in an area zoned for any use other than residentialor agricultural uses, or (2) where such property is granteda zoning change from its present use classification to any useclassification other than residential or agricultural uses /shall upon the granting of such building permit or zoningchange7, construct the necessary improvements and dedicateany general plan or development plan street setback area alongthe street abutting the property, pursuant to the requirementsof this Article. Such construction of improvements anddedication of any general plan or development plan streetsetback area shall be substantially completed prior to theissuance of the Certificate of Occupancy.

"In case such building permit should be issued to a

lessee, the obligation to construct the improvements shall beon both.owner and lessee, but, unless otherwise agreed betweenowner and lassee, the obligation shall be primarily that ofthe lesaea and, if the lessee should fail to meet the same andthe obligation be met by the owner or by enforcement of thelien hereinafter proyided against the property, the ownershall be entitled to recover from the lessee such expenses anddamages as may be incurred or suffered by him in consequenceof the default of the lessee.

"(b) The owner of real property abutting any publicstreet wheta such property is granted a zoning change fromita present use classification to any use classificationother than residential or agricultural uses, shall uponthe granting of such-zoning change, dedicate any generalplan or development plan street setback area pursuantto the requirements of this Article; provided, however,that this provision shall.only apply to a..zoning changeinitiated by the owner."

--i-I I--- lii --mi I-i

SECTION 2. Section 20-6.4, R.O. 1969, relating to failure toconstruct improvements, is hereby amended to read:

"Sec. 20-6.4. Failure to Construct Improvements.

"If any owner or lessee neglects or refuses to /ponstruct|begin the construction of the improvements within.one (1) yearafter the granting of a building permit /or a zoning change/as in this Article provided, the Chief Engineer is herebyauthorized to cause such improvements to be constructed. Thecosts thereby incurred by the City shall be a lien upon theproperty abutting such improvements from the date of certifi-cation by the Chief Engineer of completion of such construction,and the some shall be collected from the owner of such propertyin the name of the City."

SECTION 3. Ordinance material to be repealed is bracketed.New material is underscored. When revising, compiling or printing thisordinance for inclusion in the Revised Ordinances of Honolulu, theCorporation Counsel need not include the brackets, the bracketed materialor the underscoring.


DATE OF INTRODUCTION:JULY 23, 1980

Ronolulu, Hawaii


r-3 , i Councilmembers


APPROVED this 'K)?Ë day of

(1 /L , 1980


-2-

80-68,

(GOWBonds)

ORDINANCE NO. $Û•6Û BILL NO. 6 ,(1980)

(Draft No. 2)

A BILL FOR AN ORDINANCE AUTHORIZINGTHE ISSUANCE AND DISPOSITIONOF GENERAL OBLIGATION BONDS OF THE CITY AND COUNTY OF HONOLULU,

HAWAII, TO SECURE THE PAYMENT OF A LOAN BY THE UNITED STATES OF

AMERICA, UNITED STATES DEPARTMENT OF AGRICULTURE ,FARMERS HOME

ADMINISTRATION, AND DETERMINING THE FORM AND DETAILS OF SUCH BONDS.


SECTION 1. Findings and Determinations. The Councilof the City and county of Honoluiu hereby rinds and determinesthat:

A. It is necessary, advisable and desirable that theCity and County of Honolulu undertake those public improve-ments now known as the Kahuku Water Development Project, thesame being initiated to replace the existing water systemserving Kahuku Town in the City and County of Honolulu andto provide domestic water to new low-moderate income andelderly housing projects in said Town;

B. The United States of America acting by and throughthe United States Department of Agriculture, Farmers HomeAdministration (the "Farmers Home Administration") hasoffered to make a loan, at one time or from time to time,aggregating a principal amount not to exceed $600,000 to theCity and County of Honolulu to pay part of the cost of theimprovements described in paragraph A of ,this Section, suchloan to bear interest at the rate of five per centum (5%) perannum;

C. It is advisable and desirable for the City andCounty of Honolulu to obtain the loan from the United Statesof America referred to in the paragraph Lacediately preced-ing; and

D. It is necessary, advisable and desirable that tosecure the payment ofthe loan referred to in paragraph B

above the City and County of Honolulu authorize, issue anddispose of to the United States of America acting by andthrough the Farmers Home Administration general obligationbonds of the City and County of Honolulu in a principal amountequal to the principal amount obtained by the City and Countyof Honolulu of the loan from the Farmers Home Administration.

SECTION 2. Authorization and Details of Bonds. Pursuantto the authority of Part 1 of Chapter 4), Hawaii Revised Statutes,the Director of Finance is hereby authorized to issue under saidpart for the public improvements described in paragraph A of Section 1

hereof, at one time or from time to time, general obligation bondsof the City and County of Honolulu in that principal enount whichequals the aggregate principal amount of the loan described inparagraph B of Section 1 hereof actually made to the City and Countyof Honolulu by the Farmers Home Administration, provided that themaximum principal amount of bonds which may be issued hereundershall not exceed $600,000. The bonds shall be designated "GeneralObligation Water Bonds, Series 1980," The bonds shall be dated and

80-60'

shall mature in installments of principal as determined by theDirector of Finance in his certificate fixing the form and detailsof the aforementioned General Obligation Water Bonds; provided,that the first instalLaent of principal shall mature three yearsfrom the date of the bonds, and the last installment of principalshall mature thirty-five years from the date of the bonds. Prin-cipal of and interest on the Bonds shall be payable at the officeof the Division of Treasury, Department of Finance, City and Countyof Honolulu, in any coin or currency of the United States of Americawhich at the time of payment is legal tender for public and privatedebts.

SECTION 3. Security for the Bonds; Reimbursement. SaidBonds shall be issued for a public undertaking from which revenuesare derived, to wit: for the Consolidated System of the Board ofWater Supply. The full faith and credit of the City and Countyof Honolulu are hereby pledged tothe payment of the principal ofand interest on the Bonds and the principal and interest paymentsshall be a first charge on the General Fund of the City and Countyof Honolulu; provided, however, that the Director of Finance shallreimburse the General Fund for the payment of the principal of andinterest on the Bonds from the revenues of the Consolidated System,as defined in Resolution No. 13, 1959, adopted by the Board ofWater Supply of the City and County of Honolulu on June 18, 1959, suchreimbursement to be made in a manner consistent with the provisionsof Resolution No. 13, 1959, and all resolutions supplemental thereto,and the rights of the holders of the bonds issued thereunder.

SECTION 4. Disposition of Bonds. Pursuant to theauthorization of the last sentence of Section 47-7, Hawaii RevisedStatutes, the Bonds shall be disposed of to the Farmers HomeAdministration, to secure the payment of the loan referred to inparagraph B of Section 1 hereof made by said Farmers Home Adminis-tration to the City and County of Honolulu. The Director ofFinance is hereby authorized to accept any offer to purchase theBonds made-by the Farmers Home Administration. The Director ofFinance and the other officials of the City and County of Honoluluare hereby authorized and directed to take whatever steps may benecessary or required (a) to carry out the terms and conditionsof the aforesaid loan tothe City and County of Honolulu andeffect the receipt of the proceeds thereof, and (b) to effectuatethe issuance and delivery of the Bonds to evidence such loan andthe receipt of such moneys.

2 80-63'

SECTION 5. Effective Date. This ordinance shall takeeffect upon its approval.

Councilmen


JANUARY 10, 1980

Honoluiu, Hawaii


De uty Corpopitïo Counsel


, 1980.

F.FS,MaorCity and County of Honolulu

I

3· 80-63'

1

(GOBonds)

ORDINANCE NO. BILL NO. 7, (1980)

(Draft No. 3)

A BILL FOR AN ORDINANCE AUTHORIZINGTHE ISSUANCE AND DISPOSITIONOF GENERAL OBLIGATION BONDS OF THE CITY AND COUNTY OF HONOLULU,HAWAII, TO SECURE THE PAYMENT OF A LOAN BY THE UNITED STATES OF

AMERICA, UNITED STATES DEPARTMENT OF AGRICULTURE , FAPJdERS HOME

ADMINISTRATION, AND DETERMINING THE FORM AND DETAILS OF SUCHBONDS.


SECTION 1. Findings and Determinations. The Council ofthe City and County of Honolulu hereby tinds and determines that:

A.. It is necessary, advisable and desirable that theCity and County of Honolulu undertake a public improvementconsisting of a secondary waste water collection and treat-ment plant serving residential properties in Kahuku Town inthe City and County of Honolulu, and Kahuku Hospital, KahukuSchool and the proposed Koolauloa Housing Project in saidTown;

3. The United States of America acting by and throughthe United States Department of Agriculture, Farmers HomeAdministration (the "Farmers Home Administration") hasoffered to make a loan, at one time or from time to time,aggregating a principal amount not to exceed $2,146,000 tothe City and County of Honolulu to pay part of the cost of

. the .improvements described in paragraph A of this Section,such loan to bear interest at the rate of five per centum(5%) per annum;

C. It is advisable and desirable for the City and Countyof Honolulu to obtain the loan from the United States ofhaerica referred to in the paragraph immediately preceding;and

D. It is necessary, advisable and desirable that tosecure the payment of the loan referred to in paragraph B

above the City -and County of Honolulu authorize, issue anddispose of to the United States of America acting by andthrough the Farmers Home Administration general obligationbonds of the City and County of Honolulu in a principal amountequal to the principal amount obtained by the City and Countyof Honolulu of the loan from the Farmers Home Administration.

SECTION 2. Authorization and Details of Bonds. Pursuantto the authority of Part I of Chapter 4/, Hawaii Revised Statutes,the Director of Finance is hereby authorized to issue under saidpart for the public improvements described in paragraph A of Section 1

hereof, at one time or from time to time, general obligation bondsof the City and County of Honolulu in that principal amount whichequals the aggregate principal amount of the loan described in para-graph B of Section 1 hereof actually made to the City and County ofHonolulu by the Farmers Home Administration, provided that the maxi-mtalprincipal amount of bonds which may be issued hereunder shallnot exceed $2,146,000. The bonds shall be designated "GeneralObligation Bonds, 1980 Series A." The bonds shall be dated and

80 -70

-II|

shall mature in installments of principal as determined by the Direc-

tor of Finance in his certificate fixing the form and details of theaforementioned General Obligation Bonds; provided, that the firstinstallment of principal shall mature three years from the date ofthe bonds, and the last installment of principal shall mature thirty-

five years from the date of the bonds. Principal of and intereston the Bonds shall be payable at the office of the Division of

I Treasury, Department of Finance, City and County of Honolulu,.in

any coin or currency of the United States of America which at thetime of payment is legal tender for public and private debts.

SECTION 3. Security for the Bonds. The full faith and

credit of the City and County of Honolulu are hereby pledged to the

payment of the principal of and interest on the Bonds and the prin-cipal and interest payments on the Bonds shall be a first charge

on the General Fund of the City and County of Honolulu.

SECTION 4. Disposition of Bonds. Pursuant to the author-ization of the last sentence of Section 41-7, Hawaii Revised Statutes,the Bonds shall be disposed of to the Farmers Home Administration,

to secure the payment of the loan referred to in paragraph B ofSection 1 hereof made by said Farmers Home Administration to the

City and County of Honolulu. The Director of Finance is herebyauthorized to accept any offer to purchase the Bonds made by theFarmers Home Administration. The Director of Finance and the otherofficials of the City and County of Honolulu are hereby authorizedand directed to take whatever steps may be necessary or required(a) to carry out the terms and conditions of the aforesaid loan to

the City and County of Honolulu and effect the receipt of the pro-ceeds thereof, and (b) to effectuate the issuance and delivery of

the Bonds to evidence such loan and the receipt of such moneys.

SECTION 5. Effective Date. This ordinance shall takeeffect upon its approval.

INT ODUCED BY:


JANUARY 10, 1980

Honolulu, Hawaii

APPROVED AS TG FORM ANDLEGALITY:

De uty Corppt'at n Counsel

APPRO D this day ofOÃbee 98° councamen

FRANK F. FA I, Ma orCity and County of Honolulu

80-702.

(ZD)

ORDINANCE NO. $Û•¶l BILL NO. (1980)(DRAFT NO. 1)

A BILL FOR AN ORDINANCE TO REZONE EXISTING A-1 APARTMENT

DISTRICT NO. R-79 SITUATED AT WAIMALU, EWA, OAHU, KAWAII, TO

R-6 RESIDENTIAL DISTRICT NO. R-87.


SECTION I. Existing A-1 Apartment District No. R-79situated at Waimalu, Ewa, Oahu,cHawaii, hereinafter described,is hereby rezoned to R-6 Residential District No. R-87. The

boundaries of said R-6 Residential District No. R-87 shall

be described as follows:

Being portion of Lot 606 (Map 33) of Land CourtApplication 950 situated approximately 200 feet north-easterly of the intersection of Komo Mai Drive andKaahele Street at Waimalu, Ewa, Oahu, Hawaii, andcovered by Tax Map Key 9-8-02: portion of Parcel 33.

Beginning at the most Westerly corner of this parcel ofland, the coordinates of which referred to GovernmentSurvey Triangulation Station "EWA CHURCH" being 2,471.02feet North and 12,610.19 feet East and running byazimuths measured clockwise from true South:

1. 232° 14' 173.06 feet along Lot 868(Map 38) of Land CourtApplication 950;

2. 226° 46' 30" 96.68 feet along same;

3. 225° 50' 107.76 feet along same;


4. 197° 25' 76.14 feet along same;

5. 169° 00' 123.33 feet along same;

6. 172° 00' 96.94 feet along same;

7. 180° 40' 29.69 feet along same;

Thence on a curve to the right with a radius of 248.00feet, the chord azimuth and distance being:

8. 206° 15' 214.18 feet along same;

9. 231° 50' 84.29 feet along same;

I

80-71

10. 240° 30' 49.00 feet along same;

11. 236° 18' 30" 102.76 feet along same;

12. 272° 13' 30" 103.07 feet along same;

13. 282° 36' 91.71 feet along same;

14. 294° 23' 41.17 feet along same;

15. 282° 00' 87.00 feet along same;

16. 272° 10' 70.14 feet along same;


17. 247° 05' 171.27 feet along same;

18. 222° 00'. 276.49 feet along same;

19. 226° 30' 188.00 feet along same;

20. 258° 43' 30" 118.46 feet along same;

21. 268° 41' 30" 263.07 feet along same;

22. 277° 16' 30" 165.84 feet along same;

23. 266° 45' 70.61 feet along same;

24. 246° 46' 30" 126.78 feet along same;

25. 273° 31' 30" 65.12 feet along same;

26. 290° 55' 30" 182.00 feet along same;

27. 267° 11' 26.00 feet along same;

30. 100° 45' 38.00 feet along same;

31. 109° 07' 106.89 feet along same;

32. 115° 22' 30" 86.33 feet along same;

33. 100° 10' 30" 158.49 feet along same;

34. 117° 23' 30" 123.89 feet along same;

35. 138° 04' 79.31 feet along same;

36. 150° 07' 50.17 feet along same;

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37. 165° 33' 54.72 feet along same;

Thence on a curve to the right with a radius of 60.00

feet, the chord azimuth and distance being:

38. 191° 41' 15" 52.86 feet along same;

39. 217° 49' 30" 24.37 feet along same;

40. 192° 48' 180.49 feet along same;

41. 182° 05' 82.55 feet along same;

42. 172° 41' 109.90 feet along same;

43. 191° OS' 30" 51.97 feet along same;

44. 208° 53' 33.12 feet along same;

45. 244° 45' 30" 38.69 feet along same;

46. 277° 04' 30" 69.03 feet along same;

47. 249° 37' 30" 275.75 feet along same;

48. 262° 49' 30" 136.07 feet along same;

49. 275° 24' 87.62 feet along same;


50. 243° 49' 30" 68.07 feet along same;

51. 212° 15' 185.88 feet along same;

52. 247° 52' 31.85 feet along same;

53. 276° 20' 30" 54.33 feet along same;

54. 295° 21' 84.10 feet along same;

55. 254° 25' 30" 27.00 feet along same;

56. 283° 30' 86.08 feet along same;

57. 264° 30' 90.79 feet along same;

58. 267° 10' 143.00 feet along same;

59. 251° 26' 101.31 feet along same;

60. 281° 18' 30" 66.29 feet along same;

61. 303° 29' 218.27 feet along same;

-3-

62. 295° 20' 101.73 feet along same;

63. 287° 57' 30" 71.50 feet along same;

64. 296° 26' 55.22 feet along same;


65. 269° 16' 30" 77.60 feet -along same;

66. 242° 07' 44.07 feet along same;

67. 253° 08' 30" 34.48 feet along same;

68. 233° 27' 89.00 feet along same;

69. 212° 42' 30" 121.22 feet along same;

70. 202° 25' 65.12 feet along same;

71. 185° 40' 44.00 feet along same;

72. 160° 30' 117.12 feet along same;

73. 190° 10' 44.82 feet along same;

74. 247° 15' 30" 73.73 feet along same;

75. 270° 00' 115.00 feet along same;

76. 257° 30' 30" 113.93 feet along same;


77. 290° 47' 15" 87.80 feet along same;

78. 324° 04' 131.71 feet along same;


79. 285° 42' 45" 55.85 feet along same;

80. 247° 21' 30" 52.70 feet along same;

81. 279° 23' . 35.80 feet along same;

82. 341° 52' 318.79 feet along.Lot 48 (Map18) of Land Court Applica-tion 950;

83. 45° 53' 368.41 feet along Lot 881 (Map43) of Land Court Applica-tion 950;

-4-

80 -71

84. 147° 51' 30" 110.85 feet along same;

85. 111° 40' 15" . 41.33 feet along same;

86. 12° 30' 104.04 feet along.same;

87. 30 40' 81.48 feet along same;

88. 38° 30' 53.00 feet along same;


89. 3° 00' 81.86 feet along same;

90. 327° 30' 54.02 feet along same;

91. 336° 20' 55.36 feet along same;

92. 1° 58' 160.08 feet along same;

93. 6° 20' 66.46 feet along same;


94. 43° 00' 71.66 feet along same;

95. 79° 40' 117.88 feet along same;

96. 67° 40' 75.00 feet along same;

97. 102° 20' 83.00 feet along same;

98. 87° 30' 56.00 feet along same;

99. 61° 00' 125.00 feet along same;

100. 73° 50' 99.00 feet along same;

101. 80° 20' 100.00 feet along same;

102. 65° 00' 130.33 feet along same;


103. 86° 15' 50.74 feet along same;

104. 107° 30' 62.85 feet along same;

105. 113° 25' 128.94 feet along same;


106. 65° 26' 30" 74.29 feet along same;

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80 -71

107. 17° 28' 56.16 feet along same;

108. 2° 23' 249.19 feet along same;

109. 37° 30' 173.07 feet along same;

110. 31° 10' 101.00 feet along same;

111. 18° 00' 165.00 feet along same;

112. 24° 10' 110.00 feet along same;

113. 20° 50' 30" 82.92 feet along same;

114. 42° 07' 98.41 feet along same;

115. 33° 26' 183.33 feet along same;

116. 34° 42' 30" 116.78 feet along same;

117. 56° 16' 204.24 feet along same;

118. 71° 30' 92.00 feet along same;

119. 53° 20' 63.27 feet along same;

120. 37° 00' 95.95 feet along same;

121. 49° 40' 228.00 feet along same;

122. 68° 30' 87.79 feet along same;


123. 93° 35' 67.83 feet along same;

124. 118°. 40' 82.13 feet along same;

125. 82° 09' 13.31 feet along same;

126. 122° 07' 131.65 feet along same;

127. 82° 10' 63.00 feet along same;

128. 59° 50' 75.62 feet along same;


129. 79° 50' 216.16 feet along same;

130. 99° 50' 75.41 feet along same;

131. 125° 10' 111.40 feet along same;

-6-

80-71

132. 108° 00' 118.11 feet along same;

133. 121°. 52' 30" 78.00 feet along same;

134. 83° 16' 153.56 feet along same;

135. 97° 33' 40" 113.99 feet along same;

136. 109° 35' 30" 125.25,feet along same;

137. 99° 03' 57.21 feet along same;

138. 65° 07' 30" 83.22 feet along same;

139. 62° 50' 62.19 feet along same;

140. 75° 00' 54.18 feet along same;

141. 77° 30' 81.27 feet along same;

142. 151° 11' 30" 173.24 feet along same;


143. 119° 45' 30" 93.87 feet along same;

144. 88° 19' 30" 47.53 feet along same;

145. 61° 03' 245.40 feet along same;

146. 150° 45' 30" 80.00 feet along remainder ofLot 606 (Map 33) of LandCourt Application 950 tothe point of beginningand containing an area of138.457 acres, more orless;

as shown on the map attached hereto, marked Exhibit "A" andby reference made a part hereof.

-7-

80 -71

SECTION II. A Unilateral Agreement marked Exhibit "B"is by reference incorporated herein and made a part hereof.



MAY 2 8 , 19 8 0

Honolulu, Hawaii



Approved this (p day of Ûc , 1980.

FRANK F. FASI, > yorCity and County of Honolulu

-8-

8 O -71

\ I

RECORDATION REQUESTED BY: 7acoxDTD AS FULL Si

STATE OF EAWMIOFFICE Of

S EAU OFCONVEYANCES

AFTER RECORDATION, RETURN TO: .n., io¾

RETURN BY: MAIL ( ) . PICKUP ( )

SPACE ABOVE THIS LINE FOR REGISTRAR'$ USE

UNILATERAL AGREEMENT ANDDECLARATIONFOR CONDITIONAL ZONING

COVERING ROYAL SUMMIT, NEWTOWN ESTATES, WAIMALU, OAHU

THIS INDENTURE, made this 28th day of July ,

1980, by OCEANVIEW VENTURES, a Hawaii limited partnership, Owner of

the parcel of land described and shown in Exhibit "A" attached hereto

and incorporated herein by reference and said Owner being hereinafter

referred to as "Declarant", and said land being hereinafter referred to

as "Property",

WHEREAS, the City Council of the City and County of Honolulu,

State of Hawaii, hereinafter referred to as "Council" is considering a change

in zoning of the Property from the existing A-1 Apartment District No. R-79

to R-6 Residential District No. R-87; and

WHEREAS, the Council recommended through its Zoning Committee

that said change in zoning be approved for passage on third reading subject

to certain conditions pursuant to Ordinance No. 4300 set forth in Exhibit "B"

attached hereto and made a part hereof and which shall be made a part of

the Zoning Ordinance; and

WHEREAS, Declarant has agreed to execute this instrument

pursuant to the provisions of said Ordinance No. 4300,

NOW, THEREFORE, the Declarant hereby makes the following

Declaration:

1. This Declaration is made pursuant to the provisions of

Ordinance No. 4300, relating to conditional zoning. The Declaration shall

80-71

become fully effective on the effective date of the 2oning Ordinance approving

the change of zoning for the land from A-1 Apartment District No. R-79 to

R-6 Residential District No. R-87 for the land described in Exhibit "A".

2. That the Declarant agrees to develop said lands in substantial

conformance with aforesaid conditions and with the understanding that the

issuance of a building permit by the appropriate agency of the City and

County of Honolulu shall constitute satisfaction of this agreement.

3. That the conditions imposed are reasonable and rationally

relate to the objective of preserving the public health, safety and general

welfare and the further implementation of the General Plan of the City and

County of Honolulu.

AND IT IS EXPRESSLY UNDERSTOOD AND AGREED that the

conditions imposed in this Declaration shall run with the lands and shall

bind and constitute notice to all subsequent lessees, grantees, assignees,

mortgagees, lienors and any other persons who claim an interest in the

lands, and the City and County of Honolulu of the State of Hawaii shall

have the right to enforce this Declaration by appropriate action at law or

suit in equity against all such persons, provided that the Declarant or

its successors and assigns may at any time file a petition for the removal

of the conditions and termination of this Unilateral Agreement, such petition

to be -processed in the same manner as petitions for zone changes .

IN WITNESS WHEREOF, the undersigned has executed this

Declaration the day and year first above written.

OCEANVIEW VENTURES,a Hawaii limited partnership

Authorizdd~ General Partner

Nuthonzed/Gen'eral Partng

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8 0 -71

STATE OF HAWAII )) ss.

CITY AND COUNTY OF HONOLULU )

On this y of / , 1980, before me

personally appeared // (/ .and

, Authorized General Partners

of OCE VIEW VENTUR , a Hawaii limited partnership, to me known

to be the persons described in and who executed the foregoing instrument

and acknowledged said instrument to be the free act and deed of said

Limited Partnership.

Nota ic, First JudicialCirc t, State of Hawaii.

My commission expires:

so.«-3-

EXHIBIT "A"

ALL of that certain parcel of land situate at Waimalu,District of Ewa, City and County of Honolulu, State ofHawaii, described as follows:

LOT 606, area 6,059,097.0 square feet, as shown on Map33, filed with Land Court Application No. 950 (amended)of Edith Austin and others.

Being all of the land described in and covered byLand Court Transfer Certificate of Title No. 188634 issuedto OCEANVIEW VENTURES, a limited partnership.

SUBJECT, HOWEVER, to the following encumbrances, to-wit:

1. Easement 128 (20 feet wide) for waterline purposes as

shown on Map 33, filed with Land Court Application No. 950(amended).

2. Grant of Easement in favor of the City and County ofHonolulu, Baord of Water Supply, dated February 21, 1975 filedas Land Court Document No. 735013 for waterline purposes locatedover said Easement 128.

3. Master Declaration of Covenants, Conditions andRestrictions for the Newtown Estates dated May 26, 1972 filedas Land Court Document No. 582929.

The foregoing encumbrances are mentioned in and/or notedon said Land Court Transfer Certificate of Title No. 188634.

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EXHIBIT "B"

1. The developer will dedicate a four acre public park site fordevelopment into a neighborhood type park within the second phase of a

three phase development of the subject property, consistent with the parkdedication requirements of the Department of Parks and Recreation.

2. Developer will dedicate necessary easements and rights of way

to provide adequate utility services and vehicular access for thedevelopment.

80-71

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