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Honolulu, HI Code of Ordinances
THE REVISED ORDINANCES OF HONOLULU
TITLE I: ADMINISTRATION
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: THE MAYOR AND EXECUTIVE AGENCIES - ADDITIONAL POWERS, DUTIES, AND FUNCTIONS
CHAPTER 3: ADDITIONAL BOARDS, COMMISSIONS, AND COMMITTEES
CHAPTER 4: ADDITIONAL POWERS AND DUTIES OF COUNCIL AND LEGISLATIVE AGENCIES
CHAPTER 5: SALARIES, EMPLOYMENT, AND BONDING REQUIREMENTS OF ELECTED OFFICIALS AND NON-CIVIL-SERVICE OFFICERS
TITLE II: TAXATION AND FINANCES
CHAPTER 6: FUNDS, FEES, AND LOAN PROGRAMS
CHAPTER 7: RESERVED
CHAPTER 8: REAL PROPERTY TAX
CHAPTER 8A: TAXATION OF TRANSIENT ACCOMMODATIONS
TITLE III: MISCELLANEOUS REGULATIONS
CHAPTER 9: BOTANICAL GARDENS
CHAPTER 10: PUBLIC PARKS AND RECREATION FACILITIES
CHAPTER 11: CHILD CARE
CHAPTER 12: ANIMALS AND FOWLS
CHAPTER 13: STREETS, SIDEWALKS, MALLS, AND OTHER PUBLIC PLACES
CHAPTER 14: PUBLIC WORKS INFRASTRUCTURE
TITLE IV: TRAFFIC AND VEHICLES
CHAPTER 15: TRAFFIC AND VEHICLES
CHAPTER 15A: REGULATIONS OF VEHICLES
CHAPTER 15B: PUBLIC TRANSIT
TITLE V: BUILDING AND CONSTRUCTION CODES
CHAPTER 16: BUILDING CODE
CHAPTER 16A: HOUSING CODE
CHAPTER 16B: BUILDING ENERGY CONSERVATION CODE
CHAPTER 16C: BUILDING MANAGEMENT
CHAPTER 17: ELECTRICAL CODE
CHAPTER 18: FEES AND PERMITS FOR BUILDING, ELECTRICAL, PLUMBING, AND SIDEWALK CODES
CHAPTER 18A: GRADING, SOIL EROSION, AND SEDIMENT CONTROL
CHAPTER 19: PLUMBING CODE
CHAPTER 20: FIRE CODE OF THE CITY AND COUNTY OF HONOLULU
TITLE VI: LAND USE
CHAPTER 21: LAND USE ORDINANCE
CHAPTER 21A: FLOOD HAZARD AREAS
CHAPTER 22: SUBDIVISION OF LAND
CHAPTER 23: STATE LAND USE CLASSIFICATION
CHAPTER 24: DEVELOPMENT PLANS
CHAPTER 25: SPECIAL MANAGEMENT AREAS
CHAPTER 26: SHORELINE SETBACKS
CHAPTER 27: COMMUNITY FACILITIES DISTRICTS
CHAPTER 28: SPECIAL IMPROVEMENT DISTRICTS
CHAPTER 29: AFFORDABLE HOUSING REQUIREMENTS
CHAPTER 30: WATER MANAGEMENT
CHAPTER 31: COMMUNITY ECONOMIC DEVELOPMENT
CHAPTER 32: AFFORDABLE RENTAL HOUSING
CHAPTER 33: DEVELOPMENT AGREEMENTS
CHAPTER 33A: IMPACT FEES FOR TRAFFIC AND ROADWAY IMPROVEMENTS IN EWA
TITLE VII: BUSINESS
CHAPTER 34: REGULATION OF BUSINESSES
CHAPTER 35: INCENTIVES FOR BUSINESS TO CREATE NEW JOBS
CHAPTER 36: COMMON CARRIERS
TITLE VIII: PROPERTY
CHAPTER 37: REAL PROPERTY TRANSACTIONS INVOLVING THE CITY AND COUNTY OF HONOLULU
CHAPTER 38: LEASE AND RENTAL OF CITY REAL PROPERTY, INCLUDING FEES
CHAPTER 39: MAXIMUM ANNUAL RENEGOTIATED LEASE RENT
CHAPTER 40: OFFENSES RELATING TO PROPERTY
TITLE IX: PUBLIC HEALTH, SAFETY, AND SANITATION
CHAPTER 41: PUBLIC HEALTH AND SAFETY
CHAPTER 42: COLLECTION AND DISPOSAL OF REFUSE
CHAPTER 43: SEWERS, DRAINAGE, AND CESSPOOLS
PARALLEL REFERENCES
TABLES
§ 15B-8.3 Contract for management, operation, and maintenance of city bus system and special transit service.
(a)   In accordance with §§ 15B-8.1, 15B-8.2, 15B-6.2, and 15B-4.1, the department shall contract with the private, nonprofit corporation to manage, operate, and maintain the city bus system, and may contract with the private, nonprofit corporation to manage, operate, and maintain the special transit service on behalf of the city. Under the contract, the private, nonprofit corporation:
(1)   Shall be an independent contractor in relation to the city;
(2)   Shall be the employer of record of bus personnel, who are employees of the private, nonprofit corporation under 29 USC § 152(3), and who are not public employees under HRS Chapter 89. The private, nonprofit corporation is also the employer of record of special transit service personnel should the contractor be retained under contract to manage, operate, and maintain the special transit service on behalf of the city;
(3)   Is an instrumentality of the city for appropriate purposes other than for labor and employment purposes;
(4)   Shall manage, operate, and maintain the city bus system and special transit service, as applicable, in the most efficient and effective manner and in accordance with sound management practices; and
(5)   Shall have no purpose, except the management, operation, and maintenance of the city bus system and special transit service, as applicable, and the provision of transit-related services on behalf of and for the city.
(b)   The term of the contract will be set by the department, provided that such term cannot be less than five years. The term may encompass a fiscal period for which council appropriations are unavailable. If so, the contract must include conditions specifying that:
(1)   The term of the contract is subject to the availability of council appropriations;
(2)   The council is not obligated to appropriate funds for the contract; and
(3)   The failure of the council to appropriate funds for the contract does not constitute a breach by the department or city.
(c)   For the purposes of Charter § 9-305, inclusion in the contract of the conditions specified under subsection (b):
(1)   Will be sufficient for approval by the director of budget and fiscal services as to the availability of funds for the contract; and
(2)   Are a prohibition on extending the contract beyond the term of an appropriation to finance an obligation of the department.
(d)   Under the contract:
(1)   Reimbursements to the private, nonprofit corporation for the operation and maintenance expenses of the city bus system and special transit service are not income or profit of the corporation;
(2)   Reimbursements for expenses incurred by the corporation’s directors and officers in the performance of official duties:
(A)   Are operation expenses of the city bus system or special transit service, as applicable; and
(B)   Are not a distributed share of the income or profit of the corporation; and
(3)   The operating revenues derived from the city bus system and special transit service will be income of the city, not of the corporation.
(1990 Code, Ch. 13, Art. 8, § 13-8.3) (Added by Ord. 96-30; Am. Ords. 08-20, 17-52)