REPORT TITLE:
Aloha Tower Complex


DESCRIPTION:
Transfers Aloha Tower complex to DOT; transfers Aloha Tower fund
to harbors special fund and authorizes DOT to set up a separate
account for bonds issued on the complex; DOT to update Waterfront
Master Plan; DOT to restore Irwin Park; repeals Aloha Tower law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2101
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ESTABLISHING A COMPREHENSIVE MASTERPLAN FOR OAHU'S
   WATERFRONT AND RESTORATION OF THE EXISTING HISTORIC STREET-
   LEVEL IRWIN MEMORIAL PARK.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that the Aloha Tower
 
 2 Development Corporation was established in 1981 for the purpose
 
 3 of undertaking the redevelopment of the Aloha Tower complex to
 
 4 strengthen the international economic base of the community in
 
 5 trade activities, to enhance the beautification of the
 
 6 waterfront, and in conjunction with the department of
 
 7 transportation, to better serve modern maritime uses, and to
 
 8 provide for public access and use of the waterfront property.  As
 
 9 envisioned, a properly developed Aloha Tower complex would
 
10 further serve as a stimulant to the commercial activities of the
 
11 downtown business community and help transform the waterfront
 
12 into a "people place".
 
13      The legislature further finds that as a result of the
 
14 subsequent redevelopment of the area, the Aloha Tower complex --
 
15 including Irwin Memorial Park -- is one of the most valuable
 
16 properties in downtown Honolulu, attracting thousands of visitors
 
17 and residents to its facilities.  In addition, the Aloha Tower
 
18 complex still serves a vital maritime function that must be
 

 
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 1 maintained to insure adequacy and viability for existing and
 
 2 future maritime activities.
 
 3      While the legislature finds that the Corporation has
 
 4 succeeded in transforming the area of the Aloha Tower complex,
 
 5 the legislature has frequently expressed concerns regarding the
 
 6 Corporation's plans for Irwin Memorial Park, which are in direct
 
 7 conflict with the original reservations and conditions set forth
 
 8 in the deed of Helene Irwin Fagan to the Territory of Hawaii.
 
 9      The legislature now finds that in order to utilize the
 
10 waterfront in the most efficient manner, balancing the needs of
 
11 the commercial businesses in the complex with those of the
 
12 maritime industry, the Aloha Tower complex should be under the
 
13 authority of the department of transportation.
 
14      The purpose of this Act is to repeal the Aloha Tower
 
15 Development Corporation and transfer the Aloha Tower complex from
 
16 the Aloha Tower Development Corporation to the department of
 
17 transportation, and to require the department of transportation
 
18 to restore the existing historic street-level Irwin Memorial Park
 
19 and to update the Waterfront Master Plan.
 
20      SECTION 2.  Chapter 266, Hawaii Revised Statutes, is amended
 
21 by adding a new section to be appropriately designated and to
 
22 read as follows:
 
23      "§266-     Aloha Tower Complex.  The Aloha Tower complex
 

 
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 1 shall be under the care and control of the department of
 
 2 transportation and shall include the area bounded by Nimitz
 
 3 Highway beginning at its intersection with the Diamond Head
 
 4 boundary of tax map key 2-1-13:7 north along Nimitz Highway to
 
 5 its intersection with the makai boundary of tax map key 1-7-1:6;
 
 6 northeast along River Street to its intersection with King
 
 7 Street; north along King Street to its intersection with Iwilei
 
 8 Road west along Iwilei Road to its intersection with Nimitz
 
 9 Highway at the Ewa makai corner of tax map key 1-5-08:1; south
 
10 along Nimitz Highway to its intersection with the boundary
 
11 between tax map key 1-5-8:1 and tax map key 1-5-8:9; west along a
 
12 line to the Diamond Head mauka corner of tax map key 1-5-40:4;
 
13 west along Nimitz Highway to its intersection with the Ewa
 
14 boundary of tax map key 1-5-38:4; south along the Ewa boundaries
 
15 of tax map key 1-5-38:4 and 1-5-38:5 to Honolulu Harbor; east
 
16 along the waterfront boundary of tax map key 1-5-38:5 to Pier 23;
 
17 south along Pier 23 to the southwest end of Pier 22; continuing
 
18 along a line in the same direction to its intersection with the
 
19 Honolulu Harbor Federal Project Line; northeast along the
 
20 Honolulu Harbor Federal Project Line to a point in Honolulu
 
21 Harbor 475 feet perpendicular to Pier 11; southwest along a line
 
22 parallel to Piers 10 and 11 to its intersection with a line
 
23 extending from the southwest end of Pier 22 to the point of
 

 
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 1 intersection of the Honolulu Harbor Federal Project Line and a
 
 2 line extending along Pier 8 into Honolulu Harbor; southeast along
 
 3 a line to the point of intersection of the Honolulu Federal
 
 4 Project Line and a line extending along Pier 8 into Honolulu
 
 5 Harbor; southeast along the Honolulu Harbor Federal Project Line
 
 6 to its intersection with a line extending along Pier 4 into
 
 7 Honolulu Harbor; east along a line from that intersection and
 
 8 along Pier 4 to its intersection with Nimitz Highway; north along
 
 9 Nimitz Highway to its intersection with Richards Street;
 
10 southwest along Richards Street to its intersection with Ala
 
11 Moana Boulevard; northwest along Ala Moana Boulevard to its
 
12 intersection with the Ewa boundary of tax map key 2-1-14:6;
 
13 northeast along the Ewa boundary of tax map key 2-1-14:6 to its
 
14 Ewa mauka corner; and northwest across Bishop Street to the point
 
15 of beginning at the intersection of the Diamond Head boundary of
 
16 tax map key 2-1-13:7 and Nimitz Highway.  The complex shall also
 
17 include the area bounded by Iwilei Road beginning with its
 
18 intersection with Nimitz Highway; west along Iwilei Road to its
 
19 intersection with Pacific Street; southeast along Pacific Street
 
20 to its intersection with the Ewa mauka corner of tax map key
 
21 1-5-38:4; east along Nimitz Highway to its intersection with the
 
22 Diamond Head mauka corner of tax map key 1-50-40:4; east along a
 
23 line to the point of intersection at the boundary between tax map
 

 
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                                     S.B. NO.           2101
                                                        
                                                        

 
 1 key 1-5-8:1 and tax map key 1-5-8:9; north along Nimitz Highway
 
 2 to the point of beginning at the intersection of Nimitz Highway
 
 3 and Iwilei Road.  All fast and submerged lands contained within
 
 4 these areas shall also be included."
 
 5      SECTION 3.  Section 266-19, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "§266-19  Creation of harbor special fund; disposition of
 
 8 harbor special fund.(a)  There is created in the treasury of
 
 9 the State the harbor special fund.  All moneys received by the
 
10 department of transportation from the rates and fees pursuant to
 
11 section 266-17(a)(1) shall be paid into the harbor special fund.
 
12 The harbor special fund and the second separate harbor special
 
13 fund heretofore created shall be consolidated into the harbor
 
14 special fund at such time as there are no longer any revenue
 
15 bonds payable from the second separate harbor special fund.  The
 
16 harbor reserve fund heretofore created is abolished.
 
17      All moneys derived pursuant to this chapter from harbor
 
18 properties of the statewide system of harbors (excluding
 
19 properties principally used for recreation or the landing of
 
20 fish, except properties located at Kewalo Basin, ewa of Ala Moana
 
21 Park, Honolulu) shall be paid into the harbor special fund and
 
22 each fiscal year shall be appropriated, applied, or expended by
 
23 the department of transportation for the statewide system of
 

 
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 1 harbors for any purpose within the jurisdiction, powers, duties,
 
 2 and functions of the department of transportation related to the
 
 3 statewide system of harbors (excluding properties principally
 
 4 used for recreation or the landing of fish, except the properties
 
 5 located at Kewalo Basin, ewa of Ala Moana Park, Honolulu),
 
 6 including, without limitation, the costs of operation,
 
 7 maintenance and repair of the statewide system of harbors and
 
 8 reserves therefor, and acquisitions (including real property and
 
 9 interests therein), constructions, additions, expansions,
 
10 improvements, renewals, replacements, reconstruction,
 
11 engineering, investigation, and planning, for the statewide
 
12 system of harbors, all or any of which in the judgment of the
 
13 department of transportation are necessary to the performance of
 
14 its duties or functions.
 
15      (b)  At any time the director of transportation may transfer
 
16 from the harbor special fund created by [paragraph (a) of this
 
17 section,] subsection (a), all or any portion of available moneys
 
18 on deposit in the harbor special fund except moneys under
 
19 subsection (c) determined by the director of transportation to be
 
20 in excess of one hundred fifty per cent of the requirements for
 
21 the ensuing twelve months for the harbor special fund as
 
22 permitted by and in accordance with section 37-53.  For purposes
 
23 of such determination, the director of transportation shall take
 

 
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 1 into consideration the amount of federal funds and bond funds on
 
 2 deposit in, and budgeted to be expended from, the harbor special
 
 3 fund during such period, amounts on deposit in the harbor special
 
 4 fund which are encumbered or otherwise obligated, budgeted
 
 5 amounts payable from the harbor special fund during such period,
 
 6 and revenues anticipated to be received by and expenditures to be
 
 7 made from the harbor special fund during such period based on
 
 8 existing agreements and other information for the ensuing twelve
 
 9 months, and such other factors as the director of transportation
 
10 shall deem appropriate.
 
11      (c) The harbor special fund shall also consist of all:
 
12      (1)  Moneys;
 
13      (2)  Rentals;
 
14      (3)  Charges; and
 
15      (4)  Other revenues from the public projects within the
 
16           Aloha Tower complex, and moneys or charges received by
 
17           the department of business, economic development, and
 
18           tourism, including reimbursements for costs and staff
 
19           services as a result of planning, development, or
 
20           redevelopment of the lands located seaward of Nimitz
 
21           Highway between Pier 4 and the Honolulu International
 
22           Airport;
 
23 which shall be deposited into the fund and shall be used
 

 
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 1 exclusively to pay the principle or interest of any bonds issued
 
 2 by a state agency for public projects within the Aloha Tower
 
 3 complex.
 
 4      The department may establish a separate account with respect
 
 5 to each issue of bonds issued by a state agency for public
 
 6 projects within the Aloha Tower complex and direct that the
 
 7 moneys, rentals, charges, and other revenues pledged to the
 
 8 payment of the bond issue be credited to that account and, as
 
 9 permitted by section 39-68(c), designate a trustee to receive and
 
10 receipt for, hold, and administer the moneys in the account.
 
11 Moneys credited to a separate account held by a trustee may be
 
12 paid directly to the trustee; provided that appropriate entries
 
13 are made for purposes of accounting.
 
14     [(c)] (d)  All expenditures by the department shall be made
 
15 on vouchers duly approved by the director of transportation or
 
16 such other officer as may be designated by the director of
 
17 transportation."
 
18      SECTION 4.  Chapter 206J, Hawaii Revised Statutes, is
 
19 repealed.
 
20      SECTION 5.  The department of transportation shall restore
 
21 historic Irwin Memorial Park and preserve it as a street-level,
 
22 open-space public park, subject to the reservations and
 
23 conditions set forth in the deed of Helene Irwin Fagan to the
 

 
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                                     S.B. NO.           2101
                                                        
                                                        

 
 1 Territory of Hawaii.
 
 2      SECTION 6.  The department of transportation shall review
 
 3 and update the master plan for the Honolulu waterfront, prepared
 
 4 in 1989 to guide development of the area.
 
 5      SECTION 7.  All moneys contained in the Aloha Tower fund
 
 6 created pursuant to section 206J-17, Hawaii Revised Statutes,
 
 7 prior to the effective date of this Act shall be transferred to
 
 8 the harbor special fund created pursuant to section 266-19,
 
 9 Hawaii Revised Statutes.
 
10      SECTION 8.  All revenue bonds issued pursuant to section
 
11 206J-12, Hawaii Revised Statutes, prior to the effective date of
 
12 this Act shall be payable by the department of transportation,
 
13 subject to the terms and conditions of the bonds, as provided in
 
14 the harbor special fund.
 
15      SECTION 9.  All rights, powers, functions, and duties of the
 
16 Aloha Tower Development Corporation are transferred to the
 
17 department of transportation.
 
18      All officers and employees whose functions are transferred
 
19 by this Act shall be transferred with their functions and shall
 
20 continue to perform their regular duties upon their transfer,
 
21 subject to the state personnel laws and this Act.
 
22      No officer or employee of the State having tenure shall
 
23 suffer any loss of salary, seniority, prior service credit,
 

 
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 1 vacation, sick leave, or other employee benefit or privilege as a
 
 2 consequence of this Act, and such officer or employee may be
 
 3 transferred or appointed to a civil service position without the
 
 4 necessity of examination; provided that the officer or employee
 
 5 possesses the minimum qualifications for the position to which
 
 6 transferred or appointed; and provided that subsequent changes in
 
 7 status may be made pursuant to applicable civil service and
 
 8 compensation laws.
 
 9      An officer or employee of the State who does not have tenure
 
10 and who may be transferred or appointed to a civil service
 
11 position as a consequence of this Act shall become a civil
 
12 service employee without the loss of salary, seniority, prior
 
13 service credit, vacation, sick leave, or other employee benefits
 
14 or privileges and without the necessity of examination; provided
 
15 that such officer or employee possesses the minimum
 
16 qualifications for the position to which transferred or
 
17 appointed.
 
18      In the event that an office or position held by an officer
 
19 or employee having tenure is abolished, the officer or employee
 
20 shall not thereby be separated from public employment, but shall
 
21 remain in the employment of the State with the same pay and
 
22 classification and shall be transferred to some other office or
 
23 position for which the officer or employee is eligible under the
 

 
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 1 personnel laws of the State as determined by the head of the
 
 2 department or the governor.
 
 3      SECTION 10. It is the intent of this Act to not impair the
 
 4 obligation of the State or any agency thereof to the holders of
 
 5 any bond issued by the State or by any such agency, and to the
 
 6 extent, and only to the extent, necessary to effectuate this
 
 7 intent, the governor may modify the strict provisions of this
 
 8 Act, but shall promptly report any such modifications with
 
 9 reasons therefore to the legislature at its next session
 
10 thereafter for review by the legislature.
 
11      SECTION 11.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 12.  This Act shall take effect on July 1, 2000.
 
14 
 
15                           INTRODUCED BY:  _______________________