HomeMy WebLinkAbout1981-02-09 81-87 RESOLVEM;87..
Introduced by Councilor Gass, February 9, 1981
CITY OF BANGOR
Appropriation
(TITLE.) P$011Bg Appropriation for the Municipal Year .1981
By ihe City CouneB of the Cay of Bangor:
B LVB$ THAT the Ads of Tveaty-two .million, Three Expired Eighty -Nine
Thousand, Four hundred Sixty -Six Dollars ($22,389,466) is hereby Appropriated
in the general fwd for the Municipal Year 1981 In accordance with the
schedule of appropriations attached hereto, and, be it further
RESOLVED, THAT In addition to such other revenues sestimated to be
available to meet the above appropriations the s=of Fourteen million,
Eleven thousand, Five Hundred Ninety -Nine Dollars ($14,011,599) be raised
by assessment upon the estates of the inhabitants of the City of Bangor.
and upon the estates of nonresident
esident proprietors within said city for the
present Municipal Year, and be it further
RESOLVED, THAT the amount of One Million, Twenty-six Thousand Dollars
($1,026,000) of Federal Revenue Sharing, Included In the Estimated Revenue
of this Resolve, be allocated as per attached list.
RESOLVED, THAT the list of tax assessments upon the estates in Bangor for
all City taxes, the Bangor Recreation Center, together with all a e
and charges made under the provisions of the Maine Revised Statutesannotgted,
Title 30, Sec. 4355 and 4451 to 4456 inclusive, and the City's due proportion
of Any State and County Tax for the year 1981, shall be committed by the
Assessors to the Finance Director on at before the Tenth day of July, A.D.,
1981 and said taxes shall be due and payable on the Twelfth day of August,
A.D., 1981.
RESOLVED, THAT interest at the maximum State approved rate ft= September 1,
1961, Bball be collected on all taxes not voluntarily paid to the Finance
Director on or before September 17th, A.D., 1981, and said interest shall be
added to aM became part of said taxes.
4
-
In City council Feboary 23,1981
+'
from $14,011,599 to $14,091,599
watiw to amend the figures in the
To $22,469,4661Yailed Vote 4Ye6 "a 1 Absent
3157
1st paragraph from $22,389,466 to
In City Council FeMwry 9,
1
To $22,469,466 and in the 2nd
$22:554,466 And in the 2nd Paragraph
Motion to Mede tcthe end of
paragra[d the figures $14,011,599
N S 0 L V E
the frqures $14,011,599 to
`NEw business Passed.
Vote � Comwider next meeting passed
$14,146,834 Failed dyes 6No
Poll of Council for William 6hwk
SYes 1 Absent Voting Yes Baldaeci,Gass,
voting Yes Portsr,weyeouth,Beodzian
To show AudloTisual Slides j
MO Kernan,Porter,5ousd , 4leymouth,Waod,
Wo�Jgo 4�gcl,Brwntas,Gass,
Approved Vote 7 Yee 2 No opriation Y e Municipal Year 1931
wo
me rceman,weymouu w
Vating Yes Baldacci,Brountas,
Nation for passage as amended
Ga88,P0rter,Sggty,Wbnuouth,
Failed 4Yea 5No Voting Yes
,�tpp
question Failed
Zendmian Voting No Me Kernary
`+LWii'LYE%Fithe
2II'
Yes Gass,swcy
WOnd -
Fabuary 23,1981 reseed a s,nded
Voting No Baldoeci3O[Ountas,
SYes 4m Voting Yea Bxcuntes,Gass,
Mc Kernan,Yorter,Weymautb,woed
Vote to Move the Question
6wcy,Weymouth,wOnd Voting Na Baldacci Vote to reconsider mended
zendzian
7 yes 1 No 1 Absent
Passed 7Yea 2NO
mvoting
i
Voting yes Baltlenni,Caee,MO Kernan,
-
Vote to Move the question Failed
Soucy,Neyde=th,Wcod,Zex1zian
-
3Yes Gen Voting yes Bablacci,
Voting No Porte Absent Brountas
Gasa,wood Voting No Brountas,
City Clerk
xs KBendzLanter,5oucy,Heymuth
Vote to Amend the let patagdaph by
Also Changing the fiqures in the 2nd
;emending",the amount Y22089�466.?0
paragraph itis $14,011,599 to $14176,599
x$22 554 466AZgVw 3Ys'{,✓e Nall-ktseit� '
Vote to None the question 9Yes
V4449 -yaw;
Voting Yes Baldacci,srowtas,
V'oting No Baldacci,Gass,Me Henan,
_
Gass,tbKernan, Poetex,$wcy,
$oucy,Wood Absent Bountas
Weymoutb,woed,aendzian
Vote to amend the first paragraph
Also changing the fiqures in the
2nd Paragraph
EV amerdi,g the amount $22,389,466
from $14,011,599 to $14,091,599
motion to amend the let paragrapb
To $22,469,4661Yailed Vote 4Ye6 "a 1 Absent
BY Changing the fiqures $22,389,466
Voting Yes Port r,Vleymwth{Wood,
To $22,469,466 and in the 2nd
zendaian Voting NO Baldecci,Gass,
paragra[d the figures $14,011,599
Me KerMgScuay Absent BSOuntas
To $14,061,834 Passed Yves
Vote � Comwider next meeting passed
4NO Voting Yes Brountas,Porter,
SYes 1 Absent Voting Yes Baldaeci,Gass,
weymouth,Wood,zendaian
MO Kernan,Porter,5ousd , 4leymouth,Waod,
Unladen Absent @ountas,
Nation for passage as amended
Failed 4Yea 5No Voting Yes
,aaa,weymwexernad
votinta
poring -.
Fabuary 23,1981 reseed a s,nded
cy,zenBaidacei,ecxeznan,
pOKer,Swcy,2erv3sian -
SYes 4m Voting Yea Bxcuntes,Gass,
6wcy,Weymouth,wOnd Voting Na Baldacci Vote to reconsider mended
n, Fortex,Zeuda'
Passed 7Yea 2NO
mvoting
i
V1C �N�r�6-�
a.tass,Scs
Bouin
weymouBo1dakCci,Brwntaa,Gaas.
WcKernah,wocd,Zeee3ziM voting No
City Clerk
Mcrcernan,POrter
Account
Code
Account Title
62
DEBT SERVICE
62-01-02
Supplies
62-01-03
Contractual Services
62-01-08
Debt Service
62-01-99
Credits
TOTAL DEBT SERVICE
63
APPROPRIATION TO SURPLUS
63-01-07
Sundry Charges
TOTAL APPROPRIATION TO SURPLUS
68
TAXES PAID TO COUNTY
68-01-07
Sundry Charges
TOTAL TAXES PAID TO COUNTY
69
PUBLIC LIBRARY
69-01-00
Credits
TOTAL PUBLIC LIBRARY
71
EDUCATION
71-01
General
Total General
71-04
Toad Services
71-04-01
Personal Services
Total Food Services
TOTAL EDUCATION
TOTAL OPERATING APPROPRIATION
*Credit
-2o-
Appropriation
1981 1980
2,525 250 I
12,600 ,500 11111
2,246,128 2,0917,151
1.102.216* 1.012,901*
1.158,911 1,085.994
300.111
300.111
375,000
315 000
289.155
289 755
(9,$52,3}Oj
679,307
679,307
L,10 233 617)
225469.466
-0-
-0-
261,537
261.537
270.859
270.859
9,646,916
20,888,291
GENERAL FUND
COMPUTATION OF ESTIMATED TAX LEVY
Requirements: 1981
Annual Budget $ 22,469,466
Recreation District Tax 195.610
Total Requirements $ 22,665,076
Miscellaneous Estimated Revenues 6,619,597
Current Year Real 6 Personal Taxes 14,061,834
Inventory Tax Reimbursement 317,645
Federal Revenue Sharing 1,026,000
State Revenue Sharing 640.000
Total Revenues
Estimated Valuation - Real 6
Personal
Property
$
455,926,680
1981 Estimated Tax Rate
$
30.86
PECOMMENDED ALLOCATION OF
PBDHRAI, REVENUE SHARING PONDS
1981
1. Fire Department $ 350,000
2. Reeltb Department 85,000
3. Public Warks 341,000
4. Recreation 100,000
5. Code Enforcement 50,000
6. Debt Service 100,000
TOTAL $ 1,026,000
ESTIMATED REVENUE
-1-
1981
1980
I
Taxes - Property
Current Year's Levy
Real Property
Personal Property
TOTAL CURRENT TAXESX14'061
834)
12,191,603
III
Other Local Taxes & Penalties
2001
Penalties & Interest on Takes
8: 000
85,000
2002
Auto Excise Tax
946,000
850,000
2003
Supplemental Tax Assessments
15,000
15,000
TOTAL OTIER TAXES & PENALTIES
1,000,000
950,000
TV
Licenses & Permits
For Street Use & Parking Lot
3001
Parking Meters
-0-
1,500
3002
Attendant Parking
11,200
16,700
3003
Off Street Parking
71,688
79,103
TOTAL
82,888
97,303
Business Licenses
3020
Victulars
11,000
11,000
TOTAL
11000!;
11,000
Police and Protective
3030
Peddlers
-0-
100
3031
Secondhand Dealers
2,000
1,000
3034
Taxi Drivers
1,500
2,700
3035
Taxi Cabs
1,000
525
3036
Explosive & Flammable Materials
1,000
1,400
TOTAL
51500
5,725
Amusements
3040
Bowling
20
50
3041
Billiards & Pool
100
75
3042
Pinball
300
300
3043
Theatre
250
250
3044
Beano -
300
600
3046
Dancing
800
500
3047
Circus
800
-0-
TOTAL
2,570
1,775
Professional & Occupational
3051
Employment Agency
400
300
3056
Garbage Collection
30
30
TOTAL
430
330
-1-
3060
3061
3062
3063
3064
Non -Business Licenses E Permits
Marriage Licenses
Building Permits -
Plumbing Permits
Electrical Permits
Oil Burner Permits
TOTAL
TOTAL LICENSES d PERMITS
V Fines Forfeits S Penalties
Traffic Fines
court Fees
Constable Fees (Dw License)
Dog Impoundment Fees
Other Communities - Dag
TOTALFINES, FORFEITS ,& PENALTIES
VI Use of Money 6 Prooerty
Miscellaneous Rents S Concessions
Interest on Investments
14th Street Community Center
Garland Street Field Rental
Bus Fares - Hampden
Bus Fares
Old Town Transit - Bus Fares
Reimbursements Other Communities
Private Bussing
TOTAL
Municipal Golf Course
Membership - Resident
Membership - Non -Resident
Greens Fees
Locker Rental
Concessions
Cart Fee
TOTAL
Municipal Auditorium
Building Rental
Meeting Room Rental
Scoreboard Advertising
Advertising
Ticket Sales
Concessions
TOTAL
1981 1980
4,000
4,000
33,000
36,000
1,800
2,200
2,200
2,200
2.000
1,500
43,000
45.900
145.388
152,033
70,000
210
1,000
3,000
2.000
76,210
2,500
�In BOB
16,000
-0-
30,000
120,000
100,000
8],805
57.500
3l+E�IP:
33,000
12,000
60,000
200
615
1.500
107,315
0_
ai irr
250
200
3,000
2,D09
95 450
500
150,000
-0-
1,000
-0-
100,000
60,000
75,198
55.000
441,698
28,617
15,700
50,739
200
615
1.233
97,104
72,000
66,500
2,400
2,000
3,500
65.000
211,400
Education
5030 Use of Buildings & Property
TOTAL
TOTAL USE OF MONEY & PROPERTY
VII Revenue From Other Agencies
6002 Inventory Tax Reimbursement
6003 Revenue Sharing - State
6004 Revenue Sharing - Federal
6006 Private School Subsidy
TOTAL
State Grants In Aid
6010 Sbade Tree
6012 Snow Removal
6014 Health Officer
6015 Schools
6016 Library
6018 Snowmobile Registration
TOTAL
Federal Grants in Aid
6020 Schools
TOTAL
Payment in Llan of Taxes
6030 Federal Housing Project
6032 University of Maine
TOTAL
Miscellaneous
6041 M & E Air Rights
6045 Dental Medicaid - State Grant
TOTAL
TOTAL REVENUE FROM OTHER AGENCIES
VIII C _s fg�Curren�t Services
eneral GG overomeat
7002 Zoning Application Fees
7003 Dog License Fees
7004 Hunting - Fishing License Fees
7005 Miscellaneous - City Clerk
7006 Miscellaneous -Registration
7007 Engineering
7008 Room & Boatd - Dogs
7009 Police Copying
TOTAL
-3-
1981 1980
-0- 12,000
-0- 12-,000
626.120 762,202
317,645 423,527
640,000 575,000
1,026,000 11091,000
53,500 53.938
2,037,145 ,143,465
3,000
51500 -
4,200
4,200
800
800
3,052,371
3,315,455
200
200
2,500
51000
3,063,071
3,331,155
109.281 123,607
109,281 123,607
57,000
57,000
1,750
-0-
y.0
57.000
150
9.000
9,150
5,277,397
600
3,500
7,000
2,000
150
w00
0
2.580
28,030
150
8.800
8,950
5,664,177
600
2,000
7,000
2,000
6,00
3 3loo
00
3.750
19,650
-4-
1961
1980
Safety
1010
Police
3,240
9,000
9011
Fire
13,196
11,000
9012
Public Services - Electrical
12,000
91000
9015
Ambulance
31.500
33,950
TOTAL
60,516
60,150
Highway
9020
Misc. Rev. - Public Services
100
200
TOTAL
100
200
Health -
9041
Vital Statistics
13,000
13.000
TOTAL
13,000
13,000
Miscellaneous
9051
Charges for Computer Services
3,095
3,095
.9052
Miscellaneous - Planning
-0-
100
9053
Miscellaneous - Central Services
3,500
O 3,6)0D
1054
Miscellaneous -Assessment
500
300
1055
Miscellaneous - Health
11900
Soo
TOTAL
8,995
6,915
Schools
9061
Tuition - Other Communities
123,086
112,841
1065
School Lunch Project
694,301
616,895
9066
Sale of Books & Registrations
151,392
109,062
9069
Athletic Dept. - Receipts
-0-
11.000
TOTAL
948,999
849,998
Cemeteries
9090
Sale of Lots
31000
3,000
9091
Perpetual Care Fees
10,000
9,500
9092
Burials
8,500
6,000
9093
Annual Care
1,300
1,400
-9094
Miscellaneous - Cemeteries
-0-
1.200
TOTAL
22,800
19,100
Recreation
9081
Miscellaneous
2S,000
25,000
TOTAL
25,000
25,000
Public Buildings
9096
Community Development - City Hall
16.419
14,400
TOTAL
16.419
14,400
TOTAL CHARGES FOR CURRENT SERVICES
1.123 619
1.006.893
-4-
M
9001'
9006
9010
9012
Reimbursements
General Government
Advertisements - City Clerk
Bangor Fair Corporation
TOTAL
Welfare
General Relief - State
General Relief - IMlviduals
TOTAL
TOTAL REIMBURSEMENTS
TOTAL TAXES 6 ESTIMATED REVENUES
-5-
1981 1980
1,000
11000
195,610
158,120
196,610
159,120
153,900
9.000
157,900
359,510
22,585,076
112,595
4.000
116,595
275.715
21,108,053
CITY OF BANGOR
1981 ANNUAL BUDGET
Appropriation
Account Title -
1981-
1980
CITY COUNCIL
Supplies
1,175
514
Contractual Services
11,926
11,877
Sundry Charges
600
516
TOTAL CITY COUNCIL
13, 701
12.907
EXECUTIVE
Executive
Personal Services
54,937
50,686
Supplies
3,050
2,950
Contractual Services
J6,086
5,616
Communications
100
213
Equipment Costs
2,205
21205
Sundry Charges
29,790
32,615
Outlay
772
-0-
Total Executive
96,940
94,285
Purchasing
Personal Services
63,534
58,779
Supplies
900
800
Contractual Services
6,666
3,450
Communications
18
IS
Equipment Costs
1,500
762
Sundiry Charges
12,535
1B' 88
Total Purchasing
85,153
74,794
Central Services
Personal Services
43,191
39,959
Supplies
8,675
9,050
Contactual Services -
4,840
5,071
Equipment Costs
0-
50
Sundry Charges
/%',g64
(I7,726�
Credits
29;Ooip
X27, 000*
Outlay
900
-0-
Total Central Services
37,470
34,856
TOTAL ENECUTIYE
219.563
203.935
CITY CLERK
City Clerk
Personal Services
57,631
52,308
Supplies
4,200
2,600
Contractual Services
3,782
2,807
Communications
40,000
38,000
Sundry Charges
9,656
9.425
Total City Clerk
115,269
105,140
-6-
Account Title
Elections
Personal Services
SupAes
Contractual Services
Taal Elections
License Control
Personal Services
Supplies
Contractual Services
Communications
Fuel & Utilities
Equipment Costs
Sundry Charges
Total License Control
TOTAL CITY CUM
FINANCE
Auditing
Personal Services
Supplies
Contractual Services
Sundry Charges
Credits
Total Auditing
Data Processing
Personal services
Supplies
Contractual Services
Sundry Charges
dits
Utley
Total Data Processing
Treasury
Personal Services
Supplies
Contractual Services
Communications
Sundry Charges
Credits
Outlay
Total Treasury
TOTAL FINANCE
-7-
A�Dpropriatirm
1981
1980
' 675
1,308
1,075
800
6,400
10,000
8,150
12,108
20,018
15,885
5,455
3,550
5,314
3,150
300
425
3,860
3,720
3,750
2,210
3.108
2,877
41,805 31,817
165,229 149.065
69,857
64,485
850
850
3,875
1,916
13,828
12,077
4,000=
3,000
84,410
76,328
65,792
75,945
2,400
2,100
49,274
73,134
14,021
14,969
361619*
35,690*
240
475
95,108
130,933
-67,270
62,703
2,300
2;100
2,495
4,635
20,500
20,300
14,991
13,043
13,742*
12,306*
550
-0-
94,364
'90,475
273,882
297.736
Account Title
Appropriation
1981
1980
REGISTRATION OF VOTERS
Personal Services
28,637
30,863
Supplies
425
525
Contractual Services
730
774
Sundry Charges
2.888
5.618
TOTAL REGISTRATION OF VOTERS
32,680
37 780
ASSESSMENT
Personal Services
90,613
83,014
Supplies
2,050
1,600
Contractual Services
5,060
6,804
Equipment Costs
800
700
Sundry Clarges
16,785
15,158
Outlay -
250,
100
TOTALASSESSMENT
115.558
107,376
INSURANCE
Contractual Services
30,000
30.000
TOTAL INSURANCE
30.000
30.000
CONTRIBUTIONS TO OTHER AGENCIES
Sundry Charges
35,174
46,898
TOTAL CONTRIBUTIONS TO OTHER AGENCIES
35.174
46,898
PLANNING
Personal Services
76,450
83,590
Supplies
1,150
1,150
Contractual Services
- 4,207
3,490
Equipment Costs
150
150
Sundry Charges
- 14,417
15,287
Credits
14,675*
13,000*
Outlay
550
TOTAL PLANNING
82.249
90,667
LEGAL
Personal Services
63,913
57,083
Supplies
2,935
2,550
Contractual Services
5,763
3,609
Sundry Charges
12,499
10,657
Credits
12,000*
12,000
TOTAL LEGAL
73.110
61 899
-8-
-9-
Appropriation
Account Title
1981
1980
PERSONNEL
Personal Services
45,784
42,
supplies
1,340
1,
Contractual Services
8,389
4,
Equipment Costs
50
Sundry Charges
8.065
TOTAL PERSONNEL
63.626
_E5
ECONOMIC DEVELOPMENT
Personal Services
56,709
40,
Supplies
1,350
1,
Contractual services
12,448
6,
Equipment Costs
1,000
Sundry Charges
11„427
7,
Credits
16,337*
=0
TOTAL ECONOMIC DEVELOPMENT
66,597
_S6
POLICE
Administration
Personal Services
177,968
162,
Supplies
8,290
5,
Contractual Services
22,059
ll,
Communications
22,885
20,
Sundry Charges
35,892
31,
Credits
15,239*
14,
Outlay
11.800
2
Total Administration
263,655
219,
Building Operation & Maintenance
Personal Services -
1�,t�461'
22,
Supplies
1,873
1,
Contractual Services
5,635
3,
Fuel & Utilities
36,200
25.
Sundry Charges
1,908
61
Credits
4,620*
_ 11,
:Outlay
fi 000
=1
Total Building Operation & Maintenance
64,457
47,
Patrol
Personal Services
785,499
658,
Supplies -
20,968
17,
Contractual Services
59,369
34,
Sundry Charges
159,736
128,
Credits
7,300*
4,
Outlay
530
11
Total Patrol
1,018,802
836,
-9-
Account Appropriation
Code Account Title 1981 1980
30-04
30-04-01
30-04-02
30-04-03
30-04-07
30-04-10
Traffic
Personal Services
Supplies
Contractual Services
Sundry Charges
Outlay
Total Traffic
10,599
12,000
85,725
2,573
1.500
112,397
9,905
10,950
58,338
2,781
-0-
81,974
30-05
Parking
880
880
30-05-01
Personal Services
54,810
53,404
30-05-02
Supplies
1,200
1,200
30-05-03
Contractual Services
7,413
9,697
30-05-04
Communications
4,200
61500
30-05-05
Fuel & Utilities
700
700
30-05-07
Sundry Charges
10.317
11.290
Total Parking
78,640
82,791
30-06
Detective and Identification
30-06-01
Personal Services
iJ 146,887
167,320
30-06-02
Supplies
3,555
2,650
30-06-03
Contractual Services
20,224
10,412
30-06-07
Sundry Charges
30,715
30,958
30-06-99
Credits
7,500*
-0-
30-06-10
Outlay
3.550
-0-
Total Detective and Identification
197,431
211,340
30-07
Equipment Operation 6 Maintenance
30-07-03
Contractual Services
769
50
30-07-06
Equipment Costs
100,800
96,000
30-07-10
Outlay
4,000
-0-
Trial Equipment Operation & Maintenance
105,569
96,050
30-08
30-08-01
30-08-02
30-08-03
30-08-04
30-08-06
30-08-07
30-08-99
30-08-10
Airport
Personal Services
Supplies
Contractual Services
Communications
Equipment Costs
Sundry Charges
Credits
Outlay
TotalTotal Airport
TOTAL POLICE
-10-
119,228
106,302
880
880
4,449
4,044
500
Soo
4,000
4,000
23,138
20,954
152,195*
137,580*
-0-
900
1.840,951 1.575,320
Account Tide
FIRE
Administration.
Personal Services
Supplies
Contactual Services
Communications
Equipment Costs
Sundry Charges
Credits
Outlay
Total. Administration
Building Operation 6 Maintenance
Supplies
Contractual services
Fuel 6 Utilities
Total Building Operation 6 Maintenance
Fire Fighting
Personal Services
Supplies
Contractual Services
Communications
Sundry Charges
Credits
Outlay
Total Fire Fighting
Equipment Operation & Maintenance
Supplies
Contractual Services .
Equipment Costs
Sundry Charges
Total Equipment Operation 6 Maintenance
Airport Station _
Personal Services
Supplies
Contractual Services
Communications
Sundry Charges
Credits
Total Airport Station
TOTAL FIRE
-11-
Appropriation
1981 1980
133,922
114,910
1,800
1,650
12,722
5,777
6,420
5,400
2,995
2,357
27,997
24,097
10,000*
10,000*
-0-
1.022
175,836 145,213
3,270
21750
5,854
5,261
34,675
23,880
43,799
31,891
1,324,812 1,237,446
10,300
81900
297,179
231,621
1,900
1,825
277,695
244,398
10,000*
-0-
4,803
16.555
11906.689
1,740,745
850
675
16,102
26,557
33,304
20,875
28,823
27,260
79,079
75,367
278,281
240,611
4,800
4,270
45,607
40,627
1,145
775
55.326
49,644
385.159*
335.927*
_0_
-0-
2.205.403 1,993,216
-12
Appropriation
Account Title
1981
1980
CODE ENFORCEMENT
Personal Services
105,030
115,115
Supplies
1,470
975
Contractual Servmes
9,517
4,436
Communications
250
-0-
Equipment Costs
4,625
3,222
Sundry Charges
19,880
23,227
Credits
27,778*
80,153*
Outlay
2.025
420
TOTAL CODE ENFORCEMENT
115.019
117.242
PRNATE SCHOOL SERVICES
Supplies
15,000
20,000
Contractual Services
92,000
87.875
TOTAL PRIVATE SCHOOL SUPPLIES
107.000
107.875
HOSPITAL - DEFICIT
Sundry Charges
100,920
103,202
TOTAL HOSPTFAL - DEFICIT
100.920
103,202
HEALTH
Administration
Personal Services
-40,152
37,516
Supplies
1,020
907
Contractual Services
14,015
14,783
Equipment Costs
60
- 100
Sundry Charges
6,736
6,028
Credits
10,000*
10,000*
Outlay
- -o-
210
Total Administration
51,983
49,544
Dental Clinic
Personal Services
47,275
43,693
Supplies
9,192
6,755
Contractual Services
4,565
4,105
Equipment Costs
I50
150
Sundry Charges
6,200
5,538
Outlay -
3.200
656
Total Dental Clinic
70,582
60,897
Sanitation
Personal Services
5,703
25,987
Supplies
224
1,270
Contractual Services
392
1,944
Equipment Costs
500
31000
Sundry Charges
1,174
5,350
Credits
33*
-0-
Outlay
-0-
65
Taal Sanitation
7,960
37,616
-12
Account
Appropriation
Cade
Account Title
1981
1980
41-07
Health - Nursing
41-07-01
Personal Services
61,553
57,601
41-07-02
Supplies
1,400
1,325
41-07-03
Contractual Services
4,045
3,470
41-07-06
Equipment Costs
6,615
6,615
41-07-07
Sundry Charges
12,040
10,635
41-07-99
Credits
2,000*
-0-
41-07-10
Outlay
205
770
Total Health - Nursing
83,858
80,416
TOTAL HEALTH
214,383
228 473
45
WELFARE
45-01 '-
Administration
-
45-01-01
Personal Services
96,649
89,763
45-01-02
Supplies
2,000
550
45-01-03
Contractual Services
5,309
3,100
45-01-06
Equipment Costs
11000
1,000
45-01-07
Sundry Charges
16,284
16,244
45-01-99
Credits
5,234*
4,563*
45-01-30
Outlay
880x.
1.250
Total Administration
116,888
107,344
45-02
General Relief
45-02-09
Welfare Relief
283.900
233,300
Total General Relief
283,900
233,300
45-04
Emergency Housing
45-04-09 1
Welfare Relief -
14.663
14,663
Total Emergency Housing
14,663
14,663
45-05
Burials
45-05-09
Welfare Relief
6.000
5,000
Total Burials
6,000
5,000
TOTAL WELFARE
421.451
360.307
48
PARKS AND RECREATION
48-10
Administration
48-10-01
Personal Services
35,855
51,091
48-10-02
Supplies.
Soo
300
48-10-03
Contractual Services
4,060
2,944
48-30-06
Equipment Costs
2,200
2,200
48-10-07
Sundry Charges
5,779
8,903
48-10-99
Credits
-0-
12,000
Total Administration
48,394
53,438
-13-
Account Appropriation
Cale Account Title 1981 1980
48-20
48-20-01
48-20-02
48-20-03
48-20-04
48-20-05
48-20-06
48-20-07
48-21
48-21-01
48-21-02
48-21-03
48-21-06
48-21-07
48-22
48-22-01
48-22-02
48-22-03
48-22-04
48-22-05
48-22-10
48-23
48-23-01
48-23-02
48-23-03
48-23-05
48-23-06
48-23-10
48-24
48-24-01
48-24-02
48-24-03
48-24-04
48-24-05
48-24-06
48-24-07
48-24-10
Recreation General
Personal Services
Supplies
Contractual Services
Communications
Fuel E Utilities
Equipment Costs
Sundry Charges
Total Recreation General
Recreation Center
Personal Services
Supplies
Contractual Services.
Equipment Costs
Sundry Charges
Total Recreation Center
Swimming Pools
Personal Services
Supplies
Contractual Services
Communications
Fuel 6 Utilities
Outlay
Total Swimming Pools
Playgrounds
Personal Services
Supplies
Contractual Services
Fuel 5 Utilities
Equipment Costs
Outlay
Total Playgrounds
Community Center
Personal Services
Supplies
Contractual Services
Communications
Fuel & Utilities
Equipment Costs
Sundry Charges
Outlay
Total Community Center
-14-
17,518
5,450
26,138
700
5,750
2,500
3.284
61,340
24,300
4,000
1,650
400
2,000
800
f1MM11,
33,662
8,000
6,176
1,300
4,500
-0-
53,638
24,079
7,150
12,122
300
20,200
1,500
2,968
1.000
69,319
Account
Appropriation
Code
Account Title
1981
1980
48-30
Parks Maintenance
48-30-01
Personal Services
125,501
104,
48-30-02
Supplies
10,200
91
48-30-03
Contractual Services
18,886
20,
48-30-04
Communications
350
48-30-05
Fuel & Utilities
11850
1,
48-30-06
Equipment Costs
28,525
27,
46-30-07
Sundry Charges
18,608
16,
48-30-99
Credits
35,000'
19,
48-30-10
Outlay
4,850
3,
Total Parks Maintenance
173,770
162,
48-40
Municipal Auditorium
48-40-01
Personal Services
-0-
So,
48-40-02
Supplies
-0-
7,
48-40-03
Contractual Services
-0-
16,
48-40-04
Communications
-0-
48-40-05
Fuel & Utintes
-0-
42,
48-40-06
Equipment Costs
-0-
48-40-07
Sundry Charges -
-0-
10
Total Municipal Auditorium
-0-
128,
48-41
Auditorium Concessions
48-41-01
Personal Services
-0-
8,
48-41-02
Supplies
-0-
27,
48-41-03
Contractual Services
-0-
Taal Auditorium Concessions
-0-
38,
48-42
.Civic Center
48-42-01
Personal Services
-0-
49,
48-42-02
Supplies
-0-
3,
48-42-03
Contractual Services
-0-
10,
48-42-04
Communications
-0-
48-42-05
Fuel & Utilities
-0-
16,
48-42-07
Sundry Charges
-0-
9,
48-42-99
Credits
-0-
Total Civic Center
-0-
87,
48-50 -
Golf Course 1
48-50-01
Personal Services
62,459
58,
48-50-02
Supplies
11,000
8,
48-50-03
Contractual Services
5,277
4,
48-50-04
Communications
200
48-50-05
Fuel & Utilities
5,050
4,
48-50-06
Equipment Costs
3,886
2,
48-50-07
Sundry Charges
9,032
7,
48-50-10
Outlay
200
51
Total Golf Course
97,104
93,
TOTAL PARKS AND RECREATION
536,715
759,
-15-
Account Title
PUBLIC BUILDINGS - CITY HALL
Personal Services
Supplies
Contractual Services
Fuel & Utilites
Sundry Charges
Credits
TOTAL PUBLIC BUILDINGS - CITY HALL
PUBLIC SERVICES
Administration and Engineering
Personal Services
Supplies
Contractual Services
Communications
Equipment Costs
Supdry Charges
Credits
Outlay
Total Administration and Engineering
Utilities - Electrical
Personal Services
Supplies
Contractual Services
Communications
Fuel & Utilities
equipment Costs
Sundry Charges
Credits
Outlay
Total Utilities - Electrical
Operations & Maintenance - Administration
Personal Services
Supplies
Contactual Services
Communications
Equipment Costs
Sundry Chargee
Credits
Taal Operations & Maintenance -
Administration
-16-
Appropriation
1901 1980
36,787
2,875
13,269
33,725
7,911
-0-
94 567
U:gtBi4`
2,600
12,295
28,350
6,913
14,464*
84,528
191,265
203,007
2,575
2,710
3,136
13,932,.
216
216
2,880
3,780
34,946
36,243
140,000*
150,000*
-0-
3.000
95,018
-112,888
92,221
85,629
14,975
13,675
6,935
7,623
200
250
150,000
125,000
17,210
17,210
29,519
25,910
20,000*
20,000*
6.600
3,000
297,660
258,297
106,589
142,240
1,375
975
2,586
6,201
5,100
4,450
7,000
7,000
17,461
25,741
104.995*
105.891*
35,116 80,716
-17-
Appropriation
Account Title
1981
1980
Operations & Maintenance - Forestry
... Personal Services
43,102
71,662
'Supplies
1,725
5,875
Contractual Services
18,708
13,159
Communications
100
100
Fuel & Utilites
fK45/
45
Equipment Costs
6,392
33,090
Sundry Charges
13,052
21,050
Credits
1,200*
5,000*
Outlay
400
350.E
Total Operations & Maintenance -
Forestry
82,324
140,331
Operations & Maintenance - Highways
Personal Services
766,040
699,587
Supplies
225,853
263,800
Contractual Services
77,344
37,549
Communications
2,000
2,000
Fuel & Utilities
19,850
12,450
Equipment Costs
354,055
303,730
Sundry Charges
244,241
197,082
Credits
297,000*
295,000*
Outlay
4.695
1.900
Total Operations & Maintenance -
Highways 1,397,078
1,223,098
Operations & Maintenance - Gravel Plant
Personal Services
-0-
28,364
Supplies
-0-
835
Contractual Services
-0-
2,059
Equipment Costs
-0-
34,620
Sundry Charges
-c-
16,221
Credits
-0-
60,685
Total Operations & Maintenance -
Gravel Plant
-0-
21,414
-Operations & Maintenance - Cemeteries
Personal Services
39,604
39,516
Supplies
2,305
1,925
Contractual Services
25,601
22,892
Fuel & Utilities
60
50
Equipment Costs
5,615
4,975
Sundry Charges
8,576
8,234
Credits
500*
500*
Outlay
200
650
Total Operations & Maintenance -
Cemeterfjs
81,461
77,742
-17-
Account
Appropriation
Code
Account Title
1981.
- 1980
52-47
Operations & Maintenance - Sanitation
52-47-01
Personal Services
108,983.
80,924
52-47-02
Supplies
10,045
9,890
52-47-03
Contractual Services
340,826
260,630
52-47-04
Communications
80
80
52-47-06
Equipment Costs
85,300
65,200
52-47-07
Sundry Charles
30,266
32,842
52-47-99
Credits
2,800*
4,000*
Total Operations & Maintenance -
Sanitation
572,700
465,546
TOTAL PUBLIC SERVICES
2.561 357
2,380 032
55
MOTOR POOL
55-01
Motor Pool
55-01-01
Personal Services
371,867
338,314
55-01-02
Supplies
14,300
15,900
55-01-03
Contractual Services
14,509
018,391
55-01-04
Communications
1,775
2,040
55-01-05
Fuel & Utilities
62,000
50,050
55-01-06
Equipment Costs
557,471
484,092
55-01-07
Sundry Charges
79,917
69,883
55-01-98
Credits
96,250*
168,200*
55-01-99
Credits
1,076,6,36*
829,278*
55-01-10
Outlay
175
175.800
Total Motor Pool
104,003
156,992
55-33
Utilities - Steam Plant
55-33-01
Personal Services
-o-
69,514
55-33-02
Supplies
-0-
4,065
55-33-03
- Contractual Services
-0-
7,067
55-33-04
Communications
-0-
250
55-33-05
Fuel & Utilities
-0-
133,300
55-33-06
Equipment Costs
-0-
5,503
55-33-07
Sundry Charges
-0-
14,703
55-33-99
Credits -
-0-
234,402*
Total Utilities - Steam Plant
-0-
-a-
55-66
Old Town Transit
55-66-01
Personal Services
-73,507
71,322
55-66-02
Supplies
-0-
500
55-66-03
Contractual Services
4,666
4,267
55-66-04
Communications
-0-
210
55-66-06
Equipment Costs
54,966
40,962
55-66-07
Sundry Charges
30,260
17,937
Total Old Town Transit
163,399
135,198
-18-
Account Title
Hampden Transit
Personal Services
Supplies
Contractual Services
Equipment Costs
Sundry Charges'
Total Hampden Transit
Bangor Transit
Personal Services
Supplies
Contractual Services
Communications
Fuel 6 Utilities
Equipment Costs
Sundry Charges
Credits
Total Bangor Transit
TOTAL MOTOR POOL
PENSIONS - CITY PIAN
City Plan
Sundry Charges
Total City Plan
State Plan
Sundry Charges
Total State Plan
State Group Fife
SuMry Charges
Total State Group Life
Hospitalization and Major Medical
Sundry Charges
Credits
Total Hospitalization and Major Medical
TOTAL PENSIONS
CONTINGENT
Sundry Charges
TOTAL CONTINGENT
-L9-
Appropriation
1981 1980
14,274
137
880
11,750
2.220
29,261
-0-
-0-
-0-
-0-
'12
124,819
130,062
1,450
700
51022
13,670
470
290
5,800
-0-
68,978
45,300
33,817
21,407
42.890*
-0-
197,466
211,429
494,129
503,619
94,642 90.000
94,642 90,000
14.000
13.000
14,000
13,000
7,000
6,000
7,000
6,000
346,000
298,385
346,000*
298,386*
-0-
-0-
115.642
109,000
135,105
150,000
135,105
150,000
,C,TTY OF
BANGOR
U
Interdepartment
Routing Slip
Name Check and
Forward
Russ Mesons, City Clerk
Remarks: Please file this with the Appropriation
Resolve passed at last night% Council meeting.
Your Files Immediate Action Return to
our Office _ Submit your Recommendations 6 Comments
` pate 2/24/Si Robert E. Miller
Ciry Solicitor
Bangor, the ranter of Moine—the Gateamy to Maine's North Woods and Seashore Resorts
9/- 8"7
ch, so Won RMM', New Onal
MOI "'sW Cdu of Paagor, Anne •e.,p18•,.n,•,
.FOAL D.eA,r,,,.r
February 19, 1981
Bangor City Council
Bangor
Mmes
Dear Council Members:
During the course of the Council meeting on February 9, L981, several
members of the Council asked that I give them some guidance relative t0
their authority to modify the School Department'a portion of the annual
appropriation. Since that time, I have examined materials available in
my office, the local Library, end the State Attorney General's Office.
I
have talked with representatives of the Maine Municipal Association, and
have otherwise given the issue considerable thought. Although I haven't
Led an opportunity to spend as much time on the issue as I would like, I
have concluded Chat the Council does have the authority to adjust the
School Department request, provided that the mandated funding levels are
met. In my judgment, the provisions of Section 1, Article II -A of the
City Charter do not alter the municipal officers' authority over the
funding level of the appropriation for the School Department within the
limits established under the general laws of the State of Maine. An
outline of the bases upon which L reached this conclusion is below,
A. LEGISLATIVE CONTROL OVER THE FUNDING OF LOCAL EDUCATION
Responsibility for determining the quality and amount of funding
to be provided an the Local level is vested in the State Legislature by
virtue of Article VIII, Section -1 of the State Constitution, which provides
In relevant part as follows:
"A general diffusion of the advantages of education
being eaneutLal Co the preservation of the rights
and liberties of the people, to promote this important
object. the Legislature are authorized, and it
shall be their duty to require, the several towns
to make suitable provision, at their ow expenses
for the support and mm intemace of public schcole:
. . .' [Nmphasis supplied]
"Art. VIII 1s mandatory and act prohibitory. .
It imposes the most solemn duties upon the Legis-
lature and for obvious reasons. No subject was
dearer to the hearts of the framers of out
Constitution than that of education, recognizing
as they did that it lies at the very foundation
of good government. It was for that reason that
they inserted this provision in the organic law
of the State. They in terms expressed the broad
and full powers which should be exercised In dealing
with this subject and sought to impress upon the
Legislature its high duty to avail itself of these
powers. Not only could the Legislature enact Laws
providing for a general assessment eager the public
benefit clause, but in order that the towns, which
were always jealous of their rights, might assist, the
power was lodged with the Legislature to require the
towns to make suitable provision at their own expense.
It is an historical fact that in the early days the
towns had frequently neglected to make such provision
and therefore the framers of the Constitution left n
too, to doubt that the Legislature should have the
power to require them to do their duty to the end that
the children and youth of the State should be properly
educated." Sawyer v. Gilmore. 109 Me. 169, 181-182
(1912).
Determination of what constitutes "suitable provision" most the
institutional mandate lot the funding of local education is a decision
for the State Legislature, and not the local school committee, municipal
officers or other municipal officials.
"It (Article VIII) imposes duties upon the
legislature. It is affirmative, not negative
in its character. The legislature cannot avoid
discharge of this duty. It cannot constitutionally
absolve the towns Exam making at their own expense
suitable provision for this primary and indispensable
foundation of all good government. The legislature
e by proper a actments to require the towns to make
suitable provision for the support of public schools,
and the towns a at their meexpeme, to comply
with those a actments. Neither can escape from per-
formance of their several 'am respective obligations.
But what is asking 'suitable provision' by the towns.
'at their own expense, for the support and maintenance
of public achoola R' By whom is the amount for that
purpose to be fined? Mot by the towns; for, if left
to them, there would be no uniform and definite rule.
The 'suitable provision' In such case
would be e
variable quantity, a indefinite and contingent pro-
vision, dependent upon the varying wealth of the
respective towns and upon the fluctuating views of
their voters, or the majority Of their voters. It
is manifest that a general law upon the subject is
required. Accordingly, from the first institution
of the government t0 the present day, the general
control of schools, and the determination of What
shall be a suitable provision by the towns for their
support, has been fixed by legislative enactment."
[Emphasis supplied] Opinion of the Justices, 68 Me.
582, 583-584 (1876).
'The phraseology Of Section VIII (Art. VIII, State
Constitution) is In itself significant. In the first
place Only a 'duty' is laid upon the Legislature.
The Constitution does pot even say that they shall
require, but that they a 'authorized' and it is
'their duty to require' the several towns to provide
for the support of common schools. And in the second
place the extent of the requirement is left wholly to
the discretion of the Legislature, because their duty
is to require the several
ral towns to make 'suitable'
provision Who is to determine what is suitable?
Clearly the Legislature itself. 'Suitable' is an
elastic and varying term. dependent upon the na
eitfes of chanalna times. What the Legislature might
deem to be suitable and therefore necessary under a
cmtditios "If
h mi ht tleem under others."
[Wheals supplies S+wer V. Simmers, Supra. at 164.
Me plenary authority of the State Legislature beer the public school
system in this State has been repeatedly reaffirmed by the Maine Supreme
Judicial Court in various other contexts. See, e.g. Opinion of the Justices,
Supra.; Lam V. City of Auburn. lip Me. 241 (1913); Shaw v. Small, 124 Me.
36 (1924); Burkett v. Youngs, 135 Me. 459 (1938); Squires v. City of Accosts.
155 Me. 151 (1959); School Committee of the Town of Winslow v. Inhabitance of
the Tann of Winalox, 404 A.2d 988 (Me. 1979).
Although there isn't any cumstitvtiowl mandate that the Legislature
assist municipalities financially in meeting their funding responsibilities
for public education, it has been log recognised that the drafters of the
Constitution anticipated such assistance out the state level. Relying upon
the debates of the State Constitutional Convention the Maine Supreme Judicial
Court ruled in Opinion of the Justices. Supra. 584-585 that the term 'suitable
provision" as used in Article VIII Of the State Constitution does not mean
sufficient provision" adequate to meet the educational needs of the people•
At the same time, the Court determined that there was nothing in the Constitution
that prevented the State Legislature from providing support of public education
with state aid. This interpretation of Article VIII has constantly been adhered
to by the Court. See Opinion of the Attornev General, dated 4/9179 and the
cases cited therein.
The statutory scheme for meeting the responsibilities of the state and
local government in the funding of public education has varied over the yea
Until i ort timet the Legislative directive as to the amount tobe i sed O
the local level was always expressed as a designated amount per inhabitant in
the community. For a discussion of the early legislative history of the
requirements, e= Sawyer v. GlLnore, sum. at 173. Lacer acts of the
Legislature increased the amount per inhabitant to $20.00,a. 589, § 4-A,
P.L. 1970; and than to $30.00, c. 530, § 10-A, P.L. 1971.
Currently, state and Local funding for public schools is governed order
the `School Finance Act of 197811, 20 M.R.S.A. §§ 4741 at seq. In respect to
the State share of such costa, this Act provides; "(i)t is the intent of the
Legislature to provide at least 50% of the costs of the basic education
allocation from general fund r a percentage no lees than
revenue sources or
that provided M. the year prior to the year of establishes
rat whichever is
formulae de M.R.S.A. . e 4742(1). The Act ares are to rather complicated
formulae ores[ which nM1e State l l local hoarse are [d be computed. As c0 the
amount
da to be raised on the local level, the Instates do ort follow the formai
"Commis of a fixed amount ion per inhabitant. Instead,
ces"to they tegeach the goats
"Cham of Education and . See2 Services" to compute each c mmmity's
requirements
to isl basis. See 20 M.R.S.A. 4 administrative
unit
The law
requires that the ppro"legislative
riate len lam body" o£ etch his computed
tali may vote
to viae and appropriate an not
equal to lyta ally ate that coca1. 20 determA.
ined § athe local Stere leu thea not -local allocation that thea me amount
to
s the local share under the state-local ellhenimn is the minimum to amount e,
be appropriated for public schools.la. instead, in determining the local share,
the Commissioner most take into consideration the porde for state and federally
students,petc. s Once
a special education, d, whether ion far elementary
student, etc. Once rheas mandates are £mate, whether by local o state
funds, [M1e mandate for fording under the State Constitution is me[f
7n addition to the basic local allocation for public education, the
^legislative bodies of each administrative unit may authorise expenditures
for elementary or secondary pupils with additional state assistance under
20 M.R.S.A. § 4751(3). This additional so a of funding is commonly known
as "local leeway." Any funding above the 'state-local allocation" aM "local
leeway" 1s purely discretionary an the local level, 20 M.R.S.A. § 4755, provided
that the mandated programs are already properly funded under the state-local
allocation.
20 M.R.S.A. § 4755(1)(A) requires each administrative mit to include i
its school budget a statement of the scat¢-local allocation, local leeway, and
any other expenditures authorized by law. The budget document must also contain
summary of anticipated r and estimated expenditures for the fiscal
year. 20 M.R.S.A. § 4755(1)(B)8 Deadlines for submission of the school budget
to the legislative body of the community and the budget format are provided
order 20 M.R.S.A. § 4755(2),(3) As may be seen fromewing the statutory
authorities cited above, ultimate budgetary )adgment for the funding levels
of local education after meeting the minimum requirements established by the
Legislature, is the prerogative of the local legislative body --- in our
case, the Bangor Ciry Council. See also 30 M.R.S.A. § 5104.
H. CITY CNARTex PROVISIONS
The issue of Council authority to modify the School Department's
budgetary request was raised at the last meeting of the Council by special
reference to Article II -A of the City Charter which spells out with extreme
brevity the powers and functions of the School Committee, c.f. 20 n.R.S.A.
§§ 421-476.. Section 1 -of Article II -A currently provides in relevant pare
as follows:
SEC. 1 Powers and Duties. The Superintending
School Committee shall have all the powers and
perform ell the duties In regard Lo the care
and management of the public schools of the
City of Bangor, which are
new r nay hereafter
be conferred and imposed upon Superintending
School Committees by the laws of the State of
Maine, except as otherwise provided in this
Chatter. They shall elect a Superintendent of
Schools for a term not toexceed five (5) years,
a
who shall have the c and supervision of said
public schools under their direction, and act as
secretary of their Hoard; and they shall fix his
salary. Ther shell annually furnish to the OILv
Council a eatimate in detail of the several sums
required during the a municipal year for the
support of public schools.1g a
Do the basis of such
estimates, the City Council shell make one gross
appropriation for the support of the public
schools for the ensuing v and such appropriation
shell not beexceeded, except by consent of the
City Council, but the expenditure of said appropri-
ation shall be under the direction and control of
the Superintending School Committee." (Eep"wis
supplied(
Obviously, once the appropriation for the School Department is made,
the municipal officers have little or
ncontrol over the internal financial
affairs of the School Department. H=t_ 20 M.R.S.A. § 853.
The above -quoted provision, together with mast of the City Charter. find
their historical derivation in the original City Charter establishing our
Council-Manger form of government, adopted by the voters in 1931. See c. 54,
P. 6 S. L. 1931. Under the original Charter and until 1971 members of the
School Committee were
appointed directly by a majority of the City Council.
in 1921 the Charter was emended t0 provide for a school committee elected
directly by the voters. However, the other provisions relating to the school
committee are almost identical to those Contained in the Charter in its
original form.,
Every person who has cemented publicly on this provision of the Charter
agrees that it 1s "ambiguous..' It is also agreed that the School Committee,
not the Council„ must develop the "estimate in detail' of a proposed budget
for the School Department. That "estiaate" should include projections, based
upon the beet information available, of the mandated funding levels.
In my opinion, the Charter may not be construed as conflicting with
the procedural framework for the funding of public education established
under the general statutes, but rather as complementing or supplementing
it.
"(A]11 laws bearing on
asubject must be teed
together. in construing the chatter. Statutes
relating to the subject matter will be read into
the municipal charter, so as to became a part
thereof; and all parte of the charter will be
considered together to acertain its true meaning.
The plan of the municipalgovernment, it hes been
said, is to beascertained from all the provisions
of the charter. In arriving at the intention of
the framers of the charter the whole and every part
of the Instrument oractment must be taken and
compared together. In other words, effect should
be given, if possible, to every section, paragraph,
sentence, clause and ward in the instrument am
related laws. The real intention when Once
accurately and indubitably ascertained. will
prevail over the literal sense of the terms.
When the words used are
explicit, they are to
govern, of < If not, then recourse is had
to the context. the occasion and necessity of the
provision, the mischief felt, and the remedy in
view. The Language employed must be given its
plain and obvious meaning, and, if the language
Is act ambiguous aeurt cannot arbitrarily add
too subtract from the words employed." McQuilUn,
Municipal Corporations (3rd ed. rev'd), g 9.22, 685.
Thus, in my opinion, the Charter provision requiring the City Council
to make "me gross appropriation" based upon "estimates" developed by the
School Committee should be construed as only a restatement of the applicable
standards and procedures under the general statutes. In my judgment, the
provision should not be construed to limit the City Council's appropriation
for the School pepartment as simply a ministerial duty.
Reference to general laws s effect at the ties of the adoption of the
Charter is helpful in
solving the issue. In 193L, the responsibility for
the ca ma
and nagementof public schools w entrusted with local school
c
committees. See R. S. 1930, c. 19, sec. 43s44. At that time o, the
Legislature had established by mandate certain minimum appropriation require -
mats for each municipality to meet in the funding of local education. See
R. S. 1930, c. 19, see. 16-22. Me general statutes also required that
`(e)xpenses which a city or town may incur by virtue of the authority herein
vested in the superintending school committee shell wt exceed the mount
appropriated for that purpose in cities by the city council and in towns by
e tow meeting." R. S. 1930, c. 19, sec. 54.
In trying to ascertain the intent of the Charter draftsmen and the
Legislature, I reviewed
ewed records on file in the office of the City Clerk and
newspaper articles for the period during which the proposed City Charter was
under consideration. Nowhere do I find any suggestion of any intent to have
the processing of the School Department's budgetary request follow s different
procedure other than provided under the general leas.
In addition, the use of the term "estimate" in both the provisions
relating t0 the School Department's request and the City Managers proposed
budget gives credence to the theory that the final decision as to the amounts
to be appropriated for both budgetary requests was to rest solely with the
City Council. See Art. VI. Sec. 4, Banmor City Charter.
The "several a required . for the support of public schools"
may only be cs
construed as the amounts mandated to be raised by municipalities
by the Legtalature.origlnaliy under R. S. 1930, C. 19, sea 16-17, 22, and
now under the mandates of Title 20, M.R.S.A. As we have seen before, it has
always been the Legislature which determines what amunuuts of money which e
"required" under the constitutional mandate for public schools, and not the
Local school committee or municipal officers.
Under both Maine law and the Bangor City Charter the power and authority
to raise monies by taxation for the funding of public schools has been delegated
solely to the Bangor City Council, and not the Bangor School Committee. See
Art. I, Are. 11, Sec. 1, 8, Art. II -A, Sec. 1, Bangor City Charter( 36 M. R.S.A.
5 ]09-A{ and 30 M.R.S.A. S 5104. Likewise, the City Charter concentrates total
fiscal responsibility and authority for the entire annual appropriation in
the City Council. See Art. II -A, See. 1; Art. V1, Banaor City Charter. To
construe Art. II -A as giving the School Committee unlimited power to set the
assume of the appropriation for the School Department would be, in effect, e
practical transfer of the Council's power and authority to tax for municipal
purposes. I find nothing to indicate that the Legislature ever intended ouch
a result.
In conclusion, I find that under the general lava and the City Charter.
the School Committee Use responsibility for preparing the School Department
budget request and providing such detail as Will Show the projections
necessary to meet mandated programs and funding levels. Both the City
Council and the School Committee have a joint responsibility to insure that
all such mandates for local education are properly met. To the extent that
such coats are not met by funds from the State or other sources,
, then any
deficiency most be met under mandate of the State Constitution by Local
appropriation. The decision to raise monies by taxation for additional
educational activities and programs operated by the School Department is
subject to City Council discretion as a part of the annual appropriation.
Municipal discretion over the funding of the School Department be r levels
mandated by the Legislature rests solely with the City Council. I find
nothing In the general law or the legislative history of the Charter that
would dictate a different result.
Very
ytruly yours,
`Fac
RoberC E. Miller
City Solicitor
REM:tc