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Charter Question 3 (November 2006)

Ordinance 07-18 - Amend Chapter 6, Revised Ordinances Of Honolulu 1990, As Amended, Relating To The Clean Water And Natural Lands Fund.

Resolution 07-355, CD1 - Establishing A Commission To Set Priorities For Expenditures From The Clean Water And Natural Lands Fund.

Revised Charter of Honolulu, Section 9-204(2)

Revised Ordinances of Honolulu, Section 6-62

Article 62 . Clean Water and Natural Lands Fund

6- 62 .1    Creation.
6- 62 .2     Purpose .
6- 62 .3     Deposit .
6- 62 .4     Report required.
6- 62 .5    Additional requirements.
6- 62 .6    Administration.

Sec. 6- 62 .1      Creation.
    There is hereby created and established a special fund to be known as the "clean water and natural lands fund" (hereinafter "fund"). (Added by Ord. 07-18)

Sec. 6- 62 .2      Purpose .
    The purpose of the fund is to provide for the purchase of or to otherwise acquire real estate or any interest therein for land conservation in the city for the following purposes: protection of watershed lands to preserve water quality and water supply; preservation of forests, beaches, coastal areas and agricultural lands; public outdoor recreation and education, including access to beaches and mountains; preservation of historic or culturally important land areas and sites; protection of significant habitats or ecosystems, including buffer zones; conservation of land in order to reduce erosion, floods, landslides, and runoff; and acquisition of public access to public land and open space. (Added by Ord. 07-18)

Sec. 6- 62 .3      Deposit.
    There shall be deposited into the fund an amount equal to one-half of the appropriation by the city council of a minimum of one percent of the estimated real property tax revenues, plus any interest earned on deposits in this fund. (Added by Ord. 07-18)

Sec. 6- 62 .4      Report required.
    Within 15 calendar days after the mayor submits the budget documents specified in Section 9-102.1, Revised Charter of Honolulu, to the council, the mayor shall also submit a report on the fund which shall include but not be limited to:
(1)    The calculation of the minimum amount required by the charter to be appropriated from the estimated real property     tax revenues and deposited into the fund and the amount to be deposited into the fund as provided in the proposed
budget for the ensuing fiscal year, which shall at least equal the minimum amount.
(2)    An explanation of the operating and capital program for the ensuing six fiscal years for the use of the fund. The
    explanation may be in the form of a functional plan spanning at least the ensuing six fiscal years for the fund,
    adopted by the council, and any annual updates thereto, also adopted by the council. If applicable, the explanation
    shall demonstrate that the operating and capital program complies with the appropriation priorities the council has
    established for the fund. Identification of applicable information contained in the administration's budget submittal
    may satisfy this requirement.
(3)    The amount included in the mayor's proposed executive operating and capital budgets for the ensuing fiscal year
    from the fund, separately identifying the amount to be appropriated for administrative expenses and demonstrating
    that the appropriation complies with the charter's maximum amount, and an explanation of how the budgeted amount
    complies with the charter requirement that the amount does not substitute for but is in addition to the appropriations
    historically made for the purposes set forth in the charter.
(4)    A list of proposed amendments to the public infrastructure maps required by the proposed appropriations from the fund.
(Added by Ord. 07-18)

Sec. 6- 62 .5    Additional requirements.
(a)    All expenditures from this fund shall be made consistent with the priorities established by a commission created by council resolution or, in the absence of a commission, with the priorities established by the council by resolution.
(b)    Monies in this fund may be used for the payment of principal, interest, and premium, if any, due with respect to bonds issued subsequent to enactment of this ordinance and pursuant to Sections 3-116 or 3-117 of the city charter, in whole or in part, for the purposes enumerated above and for the payment of costs associated with the purchase, redemption or refunding of such bonds; and
(c)    At any given time, no more than five percent of the monies in this fund shall be used for administrative expenses.
(d)        Any balance remaining in this fund at the end of any fiscal year shall not lapse, but shall remain in the fund, accumulating from year to year. The monies in this fund shall not be used for any purposes except those listed in this article.
(e)    The appropriations to this fund shall not substitute for, but shall be in addition to, those appropriations historically made for the purposes stated in this article.
(Added by Ord. 07-18)

Sec. 6- 62 .6    Administration.
    The director of budget and fiscal services shall administer the fund. (Added by Ord. 07-18)

Last Reviewed: Thursday, August 30, 2012