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HomeMy WebLinkAbout1974-10-03 291 AB ORDER291 Ad Introduced by Councilor Drountar, October 3, 1974 CITY OF BANGOR (TITLE) Special. Muniiapal tlaecion and Direecing City Clerk to Prepare Necessary Warrants and Ballots - Charter Amendment By the City Counsel! o the ary OfBangar. OEDEEEDt THAT the City Council does hereby authorize a special municipal election for the purpose of the submisa n to the voters, a proposed searchers: to the Bangor City Charter, a true copy of said proposed amendment being attached hereto and made a part hereof, the question and a snippety of said proposed amendment being as follows: "Shall the Municipality Approve the Charter Amendment s,"W rived Below?" glossary of Proposed Charter Amendment The proposed charter amendment would permit the reorgani- zation of the City's financial organization with all financial affairs to be under the supervision and control of a Finance Director to be appointed by the City Manager. The proposed amendment also provides for increased flexi- bility in the City's borrowing powers. And be it further ORDERED, THAT the City Clerk is hereby instructed to post the necessary warrants, prepare the necessary ary ballots, and to take all necessary action i ordance with the laws of the State of Maine for holding said election on November 5, 1974. 291 IT IN CITY COUNCIL pomner 3, 1994 Keari,d Feld, closed. Amended 0 R D E R (see amended copy attached) and passed. Title, . cxTJILI Aatnon. spec. non. Blea e Olr. Citi. Clerk to prepare Nec esaary Warrantees, 6 Ballots - Charter Amendment. (IntaOdu and filed W (( C/ Councilman �e)3 t (� µ "ii2 ( �. No�A l013 Introduced by Councilor Bmuntas, October 1, 1974 CITY OF BANGOR (TITLE.) (Orberf Authorizing Special Municipal Election and Directing City Clerk to prepare Necessary Warrants and Ballots - Charter Amendment AYW Ci>y Council of the City ofReagent; ORDERED, THAT the City Council does hereby authorize a special municipal election for the purpose of the submission to the voters, a proposed amendment to the Bangor City Chatter, atrue e copy of said proposed amcdment being attached hereto and made a part hereof,the question and a summary of said proposed amendment being as follows: "Shell the Municipality Approve the Charter Amendment Summarized Balm?" Summary of Proposed Charter Amerament The proposed charter amendment would permit the reorgani- zation of the City's financial organization with all financial affairs to be under the supervision and control of a Finance Director to be appointed by the City Manager. The proposed amendment also provides for iacreaeed flexi- bility to the City's borrowing powers. And be it further ORDERED, TWAT the City Clerk is hereby instructed to poet the Ory warrants, prepare the necessary halloo and t take necessary action scram laws s, o areae action in accordance with [M1e laws of the State of Mane far holding said electL,, on November 5, 1974. PROPOSED CHARTER AMENHAENf (I) That Article V, Section l of the ]longer City Charter is hereby amended to read as follows: SEC. 1. Titles and appointment_ There shall be the following administrative officers and beards. (a) The following offi< and Wards shall be appointed by ballot by a majority vote of the members of the City Council: City Manager, City Clerk, City Solicitor, 9tEY-And}tee;-Teeaeuxee-and-Tan collector, Members of the Board of Assessors, Trustees of the Water District, Civil Service Commissioners, such members of the Board of Registration, or a Registrar as provided under the laws of the State of Maine, Trustees of Sophia Kirstein Student Fund and Trustees of the Hersey Fund. (b) The heads of she all fallowing departments except those P os i[i ons a ted in Sec. l (a) above shall be appointed by the City Manager, subject [o confirvation by the City Council: Peglke-Heeks, Histories k;-Poktees-Fire :-etEY-Hil ea l;-Hea ksht-Med 4ea}s-Tra entries; we t fare -And -alk -other -depaxemen e -heads -or -of fleers-whose -Peter ionMy Fxmn-Fkme-M-E One-0e-ee<need-by-nxd e�aneeg-ends-exec pE-ae-gexeio-oEpet- w4oe-pe er kded t-open-eeee�endatMn-nllthe-headsployees ix-depexCity st alk -penin -e EE beam- heads of the All other employees of the City she 11 be appointed by the heads of the applicable departments, subject to confirmation by the City Manager, and subject further to any such pe[sonnet rules and regulations a may be adapted by the City Council from time t time. (2) That Article Vi, Sections 1 through 11, inclusive, shall be amended to read as follows: SEC. 1. Accounts and records. Accounts ¢hall be kept by the redieee City Manager Finance Director, showing the [I mancial transactions of all departments of the city. Foy" -€or of!-aeeh-nee run fit -&hall-be -pxeatrebled -by -the -aold itas;-with -the -aPartly al of -rhe -e lay-ernegee. The ekey-a&diEae-maaagee Finance Director shall have the authority and shall be required to: (a) Supervise and be responsible for the disbursement of all annoys and have control met all expenditures to ensure that the budget appropriations are not exceeded; (b) Maintain a general accounting system for the city govern- s and each of its offices, departments and agencies; keep books for andexercise financial budgetary control over each office, department and agency; keep separate accounts for the limine of appropriation contained in the city budget, each of which accounts shall show them d the appropriation, the as paid therefrom, the unpaid ohllgat ions against it and the unencumbered umhered balance, require reports of receipts and disbursements frome each receiving and spending agency of the city government to be made daily or at such intervals as he may deem expedient; (c) Submit to the Council through the city manager a mthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the city; (d) Prepare for the city manager, a of the and of each fiscal year, a complete financial eta LeminL antl colors; (u) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no expendi- ture shall be made; (f) The finance director shall have and perform for the city of longer all of the powers and duties imposed by law,u al treasurer$ and t collectors. For purposes of this icleoOr more of the functions of the financdirector may be delega ted to one or Sees deputy finance directors o be appointed by the city manager andaublcct to confirmation by the City Council. SEC. 2. Annual audit. All the accounts of the city shall be audited annually by a certified public aco be chosen by the City Council, or by an accountant assigned bthestate auditor. ShC. 1. Additional apprnprinciens. AVprnpfiafi nos in addition to those contained to the budget Shall be made only if the menses finance director certifies Lhat there i available general fund cash surplus sufficient to meet such appropriations. SEC. L. Budget. (a) The fiscal year of the. city Never mr fit shall be the same as the calendar year. (b) Not latex than the first Monday in November cecember, the icy manager shall submit to the Council a annual Current expense budget w which ahall be a c,plete financial plan. n (c) The annual budget abell contain: (I) a r to of all ns a ash receipts e anticipated free s other than the x levy Iethe ensuing fiscal year; (2) an esttml Leof the general fund cash J surplus or cash deficit at the end of the current fiscal year; s (l) the estimated expenditures necessary forthe operation of the several departments, offices and agencies of the city; (4) debt service requirements for the ensuing fiscal year ; (5) an estimate of the a required to be raised by the tax levy for the ensuing fiscal year; and (6) a balanced relationship between the total estimated expenditures and the total anticipated revenue ash receipts taking into account the estimated general fundcash rr surplus u ash deficit at the end Of the current fiscal year. Alclosinge estimates sluill be Sa detail closing revenues c by s and expendi- tures by organization units, functions and objects sources and The budget shall be so arranged a show comparative figures for receipts and expenditures for thecurrent and near preceding fiscal yearn. (d) The budget shall be accompanied by a budget message which shall contain the recommendations of the city manager concerning the fiscal policy of the city, a description of the important features and major increases or decreases in the proposed budget and summa my nof the budget according to principal sources of revenue and t theme to headings of expenditure. (e) The city manager abell have printed sufficient copies of the budget and the budget ma s sage for the a of the Council and the public. The budget and thebadge[ message be a public record, SEC. 5. Budget changes. The Council ray insert new Items of expenditure may increase, decrease, o strike out items of expenditure, except that no item of appropriation for debt service shall be reduced. The Council shall a alts the city manager estimate of receipts except that any i or decreases i expenditure items shall r be fully reflected by increasing re or decreasing the amount required to be raised by tax levy in the ensuing year. SEC. 6. Transfers. The city manager may at any time transfer any unencumbered appropriation balance or portion [hereof from one classificationof expenditure to another within the a department, office o agency. At the request of the city m nage r , the Council may by order transfer any unencumbered appropriation balance or portion thereof from one department, office or agency to another. SEC. ]. borrowing. Tim borruwing of money by and for the city shall be }}m}ted-as -!e-€era-ling-paepese, -by -the _PV ev is gone -as ec Einn-g-and-eeeE}es-FB-a€-arEfe}e-6-e4-EF fe-eMe pEee.--The-eyed ie-a€-Ehe elly-eiliF-ia-aemunicipale-urease-te-esy-ted}vcred F; -ase thea eine-sh eemanne Fie for municipal purposed only. The credit n[ the et[y shall i no r be loaned to any individual, easec iatLon or corporat,on. SEC. B. issno of bonds and notes. Money may be borrowed, within the limitations fixed by the constitution and statutes of the state now or hereafter applying to said Bangor, by the issue and saleof bonds or s pledged on the [edit of the city, the proceeds to be used FaeM1ebe-peypenE-eF }ndeFEedneea-n€-lqe bei Ey-eenHaeEed for the acquisition of land o interests in land or personal property, the c and equipm Of buildings and other permanent public improvements,the purchase equipment, the payment or refunding of bonds, notes and certificate. indebtedness previously issued, ee-fez-any-ethez-pxzB saes-fax-xM14ep borrowing heeeeedee under chin section shall be passed without public notice of [hen a being given by posting such notice in two or more public places intheCity of Bangor and by publishing the same at leas[ newspapers or more published i said Bangor, such publication to z to be one than ten days before final action by the City Council; rshall any order providing for borrowing herepadee under this section be passed axcept onthe affirmative vote of at least two-thirds of all the members of the City Council. Any order providing for borroving Mex ender under this section nay be amended without further public notice, provided [hes of the borrowing under such order is no thereby increased, orthe purpose of the borrowing changed. Every issue of bonds shall be payable within a fined term of years, }€-ae}d-bxntlx-see Fanned-ka-payment-a€-}adebEedmea-}aeaexed-€ee-a-pnbk ke-kmpreremen a-egg -xF-eeeb-bands babe term - sedbene- sed-ped}the estimated pe efFtltiltty the [ s, public bond t exceed pme a ted period of chased ywit the interests, pubs lc improvemen[s ede filar sten purchased ed bods the proceeds Erre the sale, but the declaration be conclusive of the [y nets embodied to [he cedee eperiodzof the i shall bn hetrm within which of the estimated period of utipayable shall in and the [ wears. which all bends shall be meds payable shell i exceed30 yea grids issued seals be cmadehs payable s pertains to principal t mal mental installments heofLess which shall be equal, except that the last n installment my be of Lesser a than the previous r sal lmen[s and interest shall be stain payablemsemi-anmmlly. Foes issued Fee-}2pd -s may -be -made -payable -in -nnegna k-kmm mm-shall Eakkmea-bas e -no } -km Ge}}mesh}} be-assn-leaveane-eeeeh-e€bene-e ashalamerce-eE-Ere-keens )epees}deg C-eexevee: yin ea oor for witr thea section aha 11 be fox a tope not a eedtng ten the yea s for a term notexceeding the estimated peitetl of utility ed the este public improvements, installment ment o ll be teems to be funded, whi chem s les by annual te installment teal, be less than the amount Of till wh a divided by the term issue said note, pt ovtdetl however,a rthat eliable the wholeorany part of any is see of bonds o may abe uthorizing cal sable before maturity by appropriate recital i. the order sauthor iz ing the borrowing. Every order for the issue of bends or nates'except r ne bends and notes and n n s issued i connection with temporary authorized in sections 9 and 10 of this article shall provide for a tax levy for each yea of an amount necessary tot the payment of the annual serial installment of principal and the a ral interest thereon; and such amounts shall be included in the tax levy for each year until the debt is extinguished. SGC. 9. Nevcnue bonds and note,. Money maybe borrowed by the issuance of revenue bonds and notes pursuant to general law a any special law applicable to the City of umhor. SEC. 10. Temporary loans. Money navy -be -b emended -in -anticipation -a€ Veed lot% -€ram -gamma -see kng-any-fiaeak -year - but -the-aggeegabe-amount -of reeeh- fears -overspend }eg-at-any-one-eMe-abakk map -exceed -eighty -pet eat-ef-the-Pon m nee -received -€t -tames -due kng-she peeeed}ng-ftweak-yeatr--p8-such-kwns-apakk-be-Bald-mien In-Ehe-yeas-met ef-eeeefpro-feem-!edea-fee-Ehe-€}teak-year-}ey-m-hamid-foam-ate-made. Money -may -be -bpervade ud-4e-ant ietpeEion -of -meaty-te-pe-Eeeetved-€em-gAe make-nf -bends-Ee�be -issued,-is-ezae-memo-band-leaned-qua-been-enEp ver}sed. acceptance -of ane -sheik -be smentx}rr}n-sch-mm-be-a€e<e-e ampket}en-and acceptance nmeshe-kmptn ant-impressment-whipatgheehepta-eeee-feauthorize Money may be s ,r�rvot s, each[} o he anticipation of taxes, of authorized issues of bnnala o notes, and general other s y spedttthe City £roe an an is ed by Reneral lawVe any sped tat Saw applicable to the Cityr of banter. SRC. It. payments. Money shall be paid out only on warrants on the s City Treasury issued by the finance director aeittee e -deputy -auditor ? and covadersig,ed by EFe-e kty-mseagee-end-a member of the City Council to be designated from a1me to time by said City Council. ¢ provided, however, that in the ma of payrolls, the Signature of the. elty-end to nt-ave-depney-aedktae-city-manager finance director shall be Sufficient. The eadkeee-et-depvty-aud iEee-¢key reeneg<e finance director Shall examine all payrolls, bills and other claims and demands against the city, and shall issue no warrant for payment until he finds that the claim is in proper form, correctly computed, duly certified and legally due and payable. The aedtEne finance director may require any claimant to make oath to the validity of his claim, any Investigate any claim, and for such purpose r purposes any examine witnesses under cath. z agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, the amounts paid Cherefrrm, the unpaid obligations against it and the unencumbered balance, require reports of receipts and disbursements free each receiving and spending agency of the city goverment to be made daily or at such Intervale as be may deem expedient; (c) Submit to the Council through the city manager a monthly statement of all receipts and disbursements in sufficient detail to Shear the exact financial condition of the city; (d) prepare for the city manager, of the end of each fiscal year, a complete financial statement and report (e) Approve all proposed expenditures; unless he shall certify Chet there is an umbered balance of appropriation and available funds, no appropriation shall be encumbered and no expendi- ture shall be made; (f) The finance director shall have and perform for the city of Ben¢or ell of the powers antl due les impoe ed by law upon municipal tieesureie and Cex col LecC ore. For purpmee of this article more of the functions of the finance director may be delegated one on or e deputy finance directorsto be appointed by the City manager and Subject to confirms Cion by the City Council. - SBC. 2. Annual audit. All the accounts of the city shall be audited annually by a certified public accountant to be chosen by the City Councilor by an accountant assigned by the state exalter. SBC. 3. Additional appropriations. Appropriations in addition Co these contained in the budget Shall be made only if the aaetese finance director certifies that there is available general fund cash surplus sufficient to meet Such appmopriationS. SEC. 4. Budget. (a) The fiscal year of the city government shall be the same as the calendar year. (b) Not later than the first Monday in N"ember December, the city manager Shell Submit to the Council an annual current expense budget which Shall be a complete financial plan. (c) The annual budget shell contain: (1) anestimate of all om ash receipts anticipated frSources otherthan the tax levy. for the ensuing fiscal year; (3) an estimate of the general fund .cash SBC. 8. Lague of bonds add notes. Money my be borrowed, within the limitations fixed by the constitution and statutes of the state now. or hereafter applying to said Bangor, by the issue and male of bonds or notes pledged on the credit of the city, the proceeds to be used Ee!-eF<-payment-eg 4ndelledeees-eF-the-stay-emeraeE<d for the acquisition of land o interests in land or personal property, the construction and equipment of buildings and other pec ent public improv the purchaseof equipment, the payment o refunding of bonds, n and certificated of indebtedness previously issued, or -for-any- ether -Per poses -ley -whieF borrowing Bartender under this section aha Ll be pasted without public notice of the same being given by poo ting such notice in two o public places 1n the City of Bangor and by publishing the s to eleast cn e in newspapers published in said Bangor, such publication to be not Less than ten days before final action by the City Council; r shell any order providing for borrowing hereunder under this section be passed axcept on the affdrmtive vote of at least two-thirds of ell the members of the City Council. Any order providing for borrowing heteendet under this a "tion my be amended without further public notice, provided the -mount of the borrowing under such order is not thereby increased, or the purpose of cite borrowing changed. Leroy issue of etude shall be paYabLe wltALL a fixed term of years, £f -ee fd-bends-see leased-kn-payment-ef-tndebeedmss-huesreed-€ax-e-pnbkte-Enpeevement-the men -ef-each -heads -shall-nee-emme3-the -ca than sed -peeked -e£ -utility -of said-lmpeevemnt, the term of such bond to not exceed the estimated period of ut Ll Lty of the lnteree to public improyemen[sequlpmnt o other Item rchae ed with [he p[oceede from Ne sale, but decLara[Lon of the Lacy council emend Led in the order authorizing the i shell be conclusive determination of the estimated period of utility thereof; and the term within which all bonds shall be made payable shall in no case exceed 30 years. Bonds issued shall be man payable as pertains to principal in annual aerial installment which shall be equal, except tNet the lest installment may be of lesser amount than the previous installments add Interest shall be mde payablesemi-annually. Notes issued fax-lmpeeremnb my -Be merge -pmyable - Ea-mmequal -installments -but -fte-anneal -installamat -shall be -less -lMn -one -tenth -e€-the-total -meant -e£-the -issue--or evhdeds-however; in accordance with this section shall be for a term notexceeding ten (10) years [ for a term not exceeding the s rated period of ut 11 icy of the interests public improvements, equipmentor ther ite,r to be tossed whichever is less. No annual installment shall be less than the amount of the note divided by the term of said note provided however, that the whole or any part of any issue of bonds ornotes my be mde callable before maturity by appropriate recital in the "der authorizing the borrowing. Every order for the issue of bonds or notes axrept revenue bands and notes and notes issued In connection withtemporary Loans as authorized In sections 9 and 10 of this article shall provide for a tax levy for each year of an amount necessary to meet the partner of the annual serial Installment of principal and the a ual interest thereonand such amounts shall be included to the tax levy for each year until the debt Is extinguished. SEC. 9. Revenue bonds and notes. money may be herr owed by the issuance of c ue bands and tutee pursuant to general law o any epee Lel law applicable to the C ley of Bangor. SEC. 10. Temporary loans. Money-any-be-berxer'ed-4n-assfe k@e<Fee-e€ eh-IMAfton-tones-dn-at-aanygas-eek-yea*t but -01 etch-seven-exleee bond-ar -any-e e-Etme--tees nee -exceed -e fgFey-pexeene-ef-eFe-revenue -eeee kred -few-made -daring-ehe of kp-fkaeet-yea--FB-he-fiscane-ehast-be-pat--aid-te-EF--ye- set ef-eeemay-be zw-sense-Fee -the -street-yeet-to-which -said e -loans -flee-merle. Money -say-be-betteredsto-ant ketpae inn -of -essay-to -be -eeeefred-Few-EFe Aaleseek-loo"-cha<-tae-paid-wieeee-saes-bond-keened-Fe--bees-e-EFee4aN, A8-sees-4eA�u--Fel k-be-paid-xteF4e-etx-menthe-after -<empteefan-and be borrowed infee-xhkpatEFA-benda-xeeeTautat Ned- Money. cited - my be borrowed s, and he anticipation of taxes of City a le sues of hoes o notes, and general other [ payable to aM1e City arae any angor. red by general LaxVeo any special law applicable to the City cof Bangor. SEC. 11. Payments, money shell be paid out only o on the City Treasury Issued by the financedirectorandklae e-depeey-asdNeet and c unteraigned by eF<-stay-mewgex-aM-a member of the City Council to be designated frw time to time by said City Council! provided, however, that in the matter of payrolls, the signature of the e4y-end tier-ee-depney-ettlteex--try-nnuge* finance director shall be sufficient. The enditet-ex-depsEy-aud4E ereekEy-msneB<e finance director shell examine all payrolls, bills and other claims " demands against the city, and shell issue no warrant for payment until he finds that the claim is in proper form, correctly computed, duly certified add legally due and payable. The Audita* finance director may require any claimant to make oath to the validity of his claim, may investigate any claim, and for such purpose r purposes may examine witnesses under moth. agency; keep separate accounts for the hems of appropriation contained in the city budget,each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencomered balance, require reports of receipts and disbursements it= each receiving and spending agency Of the city government to be made daily or at such intervals as he may deem expedient; (c) Submit to the Council through the city manager a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the city; (d) prepare for the city manager, as of the end of each fiscal year, a complete financial stutterer and report; (e) Approve all proposed expenditures; unless he shall certify that there is an outnumbered balance of appropriation and available funds,appropriation shall be encumbered and no expendi- ture shall be made (f) The Finance Director shall Save and perform for the City of Danger all of the powers and duties imposed by law upon municipal treasurers. For purposes of this article, of the functions of the Finance Director mybe delegated [ eor e deputy finance d Erectors to be appointed by the city =eager and subject- on£ir. station by the City Council. SEC. 2. Annual audit, All the accounts of the city shell be audited wally by a certified public a o be annually c accountant the t &edichosen by the City Council, or by an accountant assigned by the elate flud itot. SEC. 3. Additional appropriations. Appropriations in addition to those contained in the budget shall be made Only if the enditor Pinnace Director certifies that there is available general fund cash surplus sufficient to meet such appropriations. SDC. 4. Budget. (a) The fiscal year Of the city government shall be the same as the calendar year. (b) Not later than the first Monday in November December, the city manager shall submit to the Council an annual current expense budget which shall be a complete financial plan. (c) The annual budget shall contain: (1) an of all revenue cash receipts anticipated from sources other than the tax levy for the ensuing fiscal year; (z) an satirists of the general fund cash 01� SEC. 8. Issue of bonds and notes. Money may be borrowed, within the limitation fixed by the constitution and statutes of the state me or bereafted applying to said Bangor, by the issue and sale of bands or notes pledged on the credit of the city, the proceeds to be used fax-[be-payment-eF }ndeb[ed[eaS-e€-the-e isy-eeneeeaeed for the acquisition of land o interests in land or personal property, the construction and equipment of buildings and other permanent public improvements, the purchase of equipment, and the payment or refunding of bonds, notes and certificates of indebtedness previously issued, or for any other purposes for which municipalities are or hereafter may be authorized to borrow money by general or special law. No order providing for borrowing heseeadee under this s shall be passed without public notice of the same being given by posting Such notice in two or e public places in the City of Bangor and by publishing the s u at least o n e in o newspapers published in said Bangor, such publication to be not less than ten days before final action by the City Council: n shall any order providing for borrowing hereunder be passed except on tM affirmative vote of at least two-thirds of all the members of the City Council. Any order providing for borrowing hereunder may be amended without further public notice, provided the amount of the borrowing under such order to not there- by int sed. Every issueof bontam s shall be payable within a fixed te of years; if said bonds are issued Fa-peymeae-e€-i Webaedneea-inevxxed for a public improvement the term of such bonds shall not exceed the estimated period of utility of said improvement, but the declaration of the City Council embodied in the order authorising the issueshall be conclusive determination of the estimated period of utility thereof; and the term within which all bands shall be made payable Shall in no case exceed 30 years. bonds issued shall be made payable as pertains to principal in annual serial installments which shall be equal, except that the last installment may be of leaser annual than the previous installments and interest shall be made payable a amlly. Note$ issued for improve- ments may be made payable i unequal installments but no annual installment shall be lees than one-tenth of the total am of the ;provided, however, that the whole o any part of any issue of bands oracres Say be made callable before maturity by appropriate recital inthe order authorizing the borrowing. Every order for the issue of bonds or notes except notes issued in connection with temporary n loo authorized in section 30 of this article shall provide for a tax levy for each year of an amount n me necessary to et the payment of the annual serial installment of principal and the anual interest [hereon; an such a shall be included in the tax Levy for each year until the debt is extinguished. SEC. 9. depealed. SEC. L0. Temporary loans. Money may be borrowed in anticLpatim of receipts from taxes during any fiscal year, but the aggregate vacant of such lwua outstanding at any me time shall not sed eighty percent of the received frau a during the preceding fiscal year. All such Leans shall be paid within the year out eq7 of receipts from taxes for the fiscal year in which said loans are made. Money may be borrowed in anticipation of money to be received from the sale of boost to be issued, in case such bond issue has been authorized. All such loans Shall bepaid within six months after completion and acceptance of the improvement for which the bonds were authorized. SEC. It. Payments. Money shall be paid nut only on warrants on the City Treasury issued by the Finance Director auditor x-deputy-aedfee - and countersigned rhe-eity-uaager-and a member of [M City Counciltobe designated from time to time by said City Council} provided, however, that in the matter of payrolls, the signature of the eiky-eedetek-ek deputy-auditek-eNy-mtugee Firance Director shall be sufficient. The Auditor -or -deputy -audit as -a hey -manager Finance Director shall examine all payrolls, bills and other claims and demands against the city, and shall issue no warrant for payment until he finds that the claim is n proper form, correctly computed, duly certified and legally. dueand payable. The auditor Finance Director may require any claimant to rake oath to the validity of his claim, may investigate any claim, and for such purpose r purposes may examine witnesses under oath. 0h4� " SEP 197414 _ , 06 1EC. 8. Issue of bonds and notes. Money may be borrowed, within the limitations fixed by the nstitution and statutes of the state now or hereafter applying to said Bangor, by the issue and sale of bonds or notes pledged on the credit of the city, the proceeds to be used for the payment ar endebtedneaa e£ the eity eentraeted £ the acqui- sition ofland o interests in land or personal pro ext , the construction and equipment u o ,xngs an of er paman improvements, the purchase of eu ment, and the payment art public or -o£unding of bonds, notes are certr mates of indebtedness previously issued, or by pteeeeding-in eeeeedeeee with the peeieed Statutes e£ 19647 Title 997 Chapter 2457 ee any Aet aunentery thereef ex in edditien theiete for any other purpose thorized b general laW or an special law nwr Or eiel�a£tes appl.tca a fo t e C1ty o Bangor. No o er ng or prevlda bur.inger_ n er un en this section shall be passed without public noticeofthe lama ernes` g given by posting such notice in two or more public places in the city of Bangor and by pub- lishing the same at least once in one or more newspapers published in said Bangor, such publication to be not less than ten days before final action by the City Council; nor shall any order providing for borrowing hereunder be passed except on the affirmative vote of at least two-thirds of all the members of the City Council, ➢ny order providing for borrowing hereunder may he amended without further public notice, provided the amount of the borrowing under such order is not thereby increased. Every issue of bands shall be payable within a fixed term of years; if said bonds are issued in Payment e€ iedebtedaees inenere.d for a public improvement the term of such bonds shall not exceed the estimated period Of utility of said improvement, but the declaration of the City Council embodied in the order authorizing the issue shall be conclusive determination of the estimated period of utility thereof; and the term within which all bonds shall be made Payable shall inno c eel 30 years. Bonds issued shall be made payablean pertaier to principal in annual serial nstallmants which shall be equal, except that the last installment may be of lesser amount than the previous nstallments and interest shall be made payable seri-annually. Lutes issued foxeve ants nay be made payable in unequalnstal Leen is bu£ no annual installment Shall be less than n e -tenth of the total amount of the issue; provided, however, that the whole or any part of any issue of bonds or notes may b- made Callable before maturity by appropriate recital in the r�4'A/? / i r r order authorizing the borrowinq. Lvery order for the issue of bonds or notes except revenue bonds and notes and notes issued in connection with tenoorary loans as authorized in sec- tions 9 and 10 of this article shall provide for a tax levy j for eavar of an amount ncsary to meet the. payment of V thea ual serial installment of and the annual interest thereon; and such a"unts shall be included in the tax levy for each year until the debt is extinguished. fFC. 9. _Revenue bonds and notes. Money may be borrowed by the u / issuance of revenue bonds and notes pursuant to V ial law Or any special applicable e to the City O t ango£. SCC. 10. Temporary loans Money y be borrowed temporarily in ticipation o£ t ay thorli ssOF bonds o nodi of ei revenues a able to t e Cit Pre y as prove e y genera w or any special law appiicanie to t a City of usages, Introduced by Councilor CITY OF BANGOR (TITLEJ (Orbera providing for the .Amendment of the Bangor City Chatter, - Financial provisions By Who City Coudgul oftM City of Bangor: ORDCiBDi @1BLR WHEREAS, the Bangor City Council, by adoption of this Order, does hereby determine and declare that amendment of the Bangor City Charter is desirable and decessaTy, add in the best interests of the inhabitants Of the City of Bangor,. for purposes of providing for increased efficiency and flexibility in the admini- stration of the financial affairs of said City, NOW, THEREFORE, By the City Council of the City of Bangor: ORDERED, THAT the City Clerk is hereby authorized and directed, pursuant 0 30 M.R.S.A. $$1911 at seq., as amended, to provide for published notice and bearing, said heating to be held at 8:00 p.m. on October 3, 1974, in the City Council Clambers, for the purposes of considering the proposed amendment to the Bangor City Charter, the text of the proposed amendment and a brief explanation thereof being as follows: (1) That Article V, Section 1 of the Bangor City Charter is hereby amended to teed as follows: SEC. 1. Titles and appointment. There shall be the fallowing administrative officers and boards: (a) The fallowing officers and boards shall be appointed by ballot by a majority vote of the members of the City Council: City Monger, City Clerk, City Solicitor, Cf [y-Audk seep-Pttaeare[-and-Rex-Ce}lesser, Member q / of the Board of Assessors, Trustees of the Water District, Civil Service V Commissioner$, such members of the Board of Registration, or a Registrar as provided under the laws of the State of Maine, Trustees of Sophia Kirstein Student Fund and Trustees of the Hersey Fund. (b) The heads of the all €e}kexfag departments except [hose posieiom prostrated in Sec. 1 (a) above shall be appointed by the City Manager, Subject tonfirmation by [he City Council: Pebkfe-Meeks s-E}safe leak; -p a44eq-pieei 6 key-Heepk "IT -Health r -Ned feel; -1" poet k our-Wel €aeeread-at k-ether-depefEee Rt beads- -off ken -Whose -peat afen-ury-frem-e Fee -eo—ekme -be -epos, ted -by -exd lessee t sed r- cepa- e-Meeeke-eeberotaffieerkd ed; -epees- eedek other€employees the-beads of Che h -all -pointed fkeere headmpkeyee� All other mpl oyeea OF the ec City hall be appointed by the heads of theuap subject further to any person[ to confirmation by the City Manage[ and eby the further such �— per net mules and regale[ y be adopted b{ the City Council nfaom time to time, (L) That Article VI, Sections 1 through 11, inclusive, be amended to read as follows: SEC. 1. Accounts and records. Accounts shall be kept by the aedktap city MaaaFer Finance Directshowing the financial transactions of oil departme his of the city. poems-€arfakl -seep-see aueea hbeok be-peeeep hand -by -the -ped from s-wkbb-she -apprerek -of -she -e key aaaagew. The etey sadheap-mree6ev Finance Director shall have the authority and shall be required to: (a) Supervise and be responsible for the diaborsement of all moneys and have control over all expenditures to ensure that the budge[ appropriations. are not exceeded; (b) Me detain a general accounting system for the city governmentand each of Its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, theamounts paid therefrom, the unpaid obligations against it and the unencumbered balance, require reporte of receipts and disbursements from each receiving and spending agency of the city government to be made daily or at such intervals as he my deem exped Lent; (c) Submit to the Council through the city manager a monthly s (/ of all receipts and disbursements in sufficient detail to show the exec[ financial condition of the city: IL (d) Prepare for the city manager, as of the end of each fiscal year, a complete financial statement and report; (e) Approve all proposed expenditurea: unless he shall certify that / y there is an unencumbered balance of appropriation and available funds, no k/ appropriation shall be encumbered and no expenditure shall be made, (f) The Finance Director shall have and perform for the City of Danger all of the powers and dutles i sed by law ict al [ .€A Fni purpoees of chis article of the fun not the ins, may be delegated t endeputmofine a direct leans o be olnted b [h city ma a&er and Subjectconfirmation by a Cfty CuunC11. L� SBC. 2. Annual audit. All the accounts of the city shall be audited annually o by a certified public a o be chosen by the City Council, of by an accountant assigned by the state [auditor. SBC. 3. Additional appropriations. Appropriations inaddition to those contained in the budget shall be made only if the audit" Finance Director certifies Lost there is available general fund cash surplus sufficient to meet such appropriations. SEC. 4. Budget. (a) The fiscal year of the city government shall be the same as the calendar year. (b) Not later than the first Monday in Nevemeer December, the city manager shall submit to the Council an annual current expense budget which shall. be a complete financial plan. (e) The annual budget shelf contain; (1) anestimate of all revenue e ash receipts anticipated from a other than the tax levy for the ensuing fiscal year; (2) an estimate of the general fund cash surplus or cash deficit at the end of the current fiscal year; (3) the estimated expenditures necessary for the operation of the a c several departments, offices and agencies of the city; (4) debt a requirements for the ensuing fiscal year; (5)a estimate of the requireto be raised by the tax levy for the ensuing items 1 year; and (6) a balanced relationship between the total estimated expenditures and the total anticipated revenue cash receipts taking into account the estimated general fund fish surplus or cash deficit at the end of the current ent fiscal year. All estimates ¢ shall be in detail showing revenues by s and expenditures by organization unite, fun and objects of expenditureCeBThe budget shall be so arranged a to show comparative figures for receipts and expenditures for the current and next preceding fiscal years. (d) The budget shall be accompanied by a budget message which shall contain the recommendations of the city manager concerning the fiscal policy of the city, a description of the important features and major increases or decreases in the proposed budge[ and summary statements of the budget according to principal sources of revenue and the mein headings of expenditure. (e) The city manager shall have printed sufficient copies of the budget and the budget message for the use of the Council and the public. The budget and the budget message shall be a public record. SEC. 5. Budget changes. The Council my insert new items of expenditure or may increase, decrease,strike out items of expenditure., except Lhat no item of appropriation for debtservice shall be reduced. The Council shall not alter the city manager's estimate of receipts except that any increases or decreases in expenditure items shall be fully reflected by increasing or decreasing the amount required to be raised by tax levy in the ensuing year. Srsa b. Transfers. The city manager my at any time transfer any unencumbered appropriation balance or portion thereof from o classifi- acioo at expenditure to another within the same department, office or agency. 1 unencumbered At the request of the city manager the Connell my by order tnsfer any V appropriation balance or portion thereof fine one department, office or agency to another. SCC. ]. Borriraing. The borrowing of thney byand for the city shall be kink eedes-Ce-teem-and-pnepeae-Fy-ehe-pee -ef-s noand-sees Fan-kB-a€-see fete-6-eF-ehks-ehapeee----Phe-Seed ie-ef-the iei x e -be -k caned-creley-€ed the City Seale Fabkea-er-eer Bea ciesefor municipal purposes only. as aThessociation credit of the City shall i r be logged t any iw missal, a mcioa o orporae ion. SLC. g. Issue of bonds and notes. Money my be borrowed, within the limixatiors fixed by the constitution and statutes of the state now r hereafter applying to said Bangor, by the issue and sale of bonds o I eFLs pledged on the credit of the city, the proceeds to be used for&-paymaw kadab eedneea-aF-ehe-e fey-<eaeeee sed t weae the acquisition of land or interests i 1and,hthe c and equipment of buildings and other permaneot public improvements, thepurchaseof equipment, aul the payment o refunding of bonds, and certificates of indebtedness previously issued, or for any others be authorized to borrow No order providing for borrowing haraindepAshall be 'passed without public notice of the same being given by posting such notice i yh .QFu✓ /LacJ onf- two orre public places in the City of budge[ and by publishing the sa a[ least once In one or more newspapers published in said Bangor, such publication to be not lees than ten days before final action by %� l City ordr bepassed except • nor shall othe affirmativeev [e ofproviding borrowing two-thirds a y dsof all the member of theCityCouncil. Any order providing for borrowing hereuadc my be amended without further public notice, provided thea unt of the borrowing under such order is not thereby Increased Every 'i of bons shall be payable withhof I ein a fixed term of years if maid bonds a ed.}a sbrtdamsFall not sex ad tie estimated petIrurred for a llo'i���d urmaid-{e tre term M Such' P di^_ Y authorizing t but the decall beacons of the City Council of the In the order authorizing the thsueere shall bee conclusive which of the estimated a pays le utility no case eandxceed the term within wh tis all shall shall be made payable thins I eetl no gel goods st installments shall be made payable s pertains Co last principalinental serial festal reams which shall previous equal, except that the las[ installment b may be of lesser amount aev than the es issued installments and Q interest shall be a in payable ¢mie early. Notes i l InstHment shall les be made payable in unequal tot l amount of but n mai Installment aha ll be less than one-tenth of the total amount b o£ the issue; improvided, however that the whole o appropriate of any issueofbonds O notes may be zbor callable before ma u[i ty tithe issue of racial in the one[ anther issue the connection Every torderempo for the issue of brads or cape notes issued in c action wits temporary rev loo authorized of Lamsection es 0£ this article shall provide for x levy foreachyear Of 8 tent necessary [ ales ttheer payment of the annmete fat beu Included of principal levy for annual interest thereon, and such wgu shed. be Included in the tax levy for each Year until the debt is extinguished. SBC. 9. Repealed. SPC. 10. Temporary leave. Money way be borrowed in anticipation of receipts it= taxes during any fiscal year, but the aggregate amount of such loans outstanding at any one e time shall notexceed eighty percent n of the r received from taxes duringr the preceding fiscal year. All such loans shall he paid within the year cut of receipts from taxes for the fiscal year in which said loan are made. Money may be botrowed in anticipation of money to be received from the sale of bonds Co be issued, in casuch bond issue has been authorized. All such Loa shall be paid within six months after completion and acceptance of the improvement for which the bonds were authorized. SCC. 11. payments. Money abell be paid out only o, warrants on the City Treasury issued by the financeDirectoreedtEoe-ez-depety xaditez, and countersigned by she-e4ey-zxaagee-sad a ember of the City Council o be designated from time to time by said City Co -i oil: provided, however, that in the matter of payrolls, the signature of the e4 ay-sadtFee-ex-depnEyeaed4Eez eity-mvugez finance Director shall be sufficient. The ea34Eaz-ez-depnEy-aid iEez iey-ws�u6ex Finance Director she examine all payrolls, bills and other claims a � L�i�l��s Vhu. r�U'1 ' oust demands against tie city, and snail fes ant for payment until he finds that the claim is in proper form, correctly cmputed, duly certified and legally due and payable. , The enditee Finance Director my require any claims make oath to the validity of hie claim my investigate any claim, and for such purpose or purposes may examine witnesses under bath. ,i JhI the Trey of Maine, the ilaieuvv m Maine's North Woods and ,Seashore Room Oct,Awl J, L974 Bangor City Council Bangor Maine 04401 Re: Proposed Amendment of Bangor City Charter - Financial IF ovisione Gentlemen Tonight the Council will consider an order providing for referral to the voters amendment to the Bangor City Charter intended to Increase the efficiency and flexibility of the administration of the City's financial affairs. Since the proposal was originally drafted, the staff hase ceived suggestions for minor changes frac Henry Hall, Esq. of Ropes 6Cray, our bond counsel, and free other sources. You have already received a copy of the original proposal plus Mr. Hall's proposed changes. For purposes of clarification, the following dis- esiun related to Mr. Hall's proposals and other tropes ed changes that have been received in recent days. The original proposed amendment calls for certain changes in Article V, Bettina 1 of the Bangor City Charter. I believe there is o dispute that the original draft is it order for consideration by the Council. The original proposal also calla for certain amendments to Article V. Sections 1 through 11 of the Charter. It has bee, suggested Thar Section 1 (f), as proposed, be further amended to read as follows: ROBERT E MILLER CITY SOILAR PER ED denim' IN af Ca"Bor+ C•601e LEGAL DEPARTMENT Oct,Awl J, L974 Bangor City Council Bangor Maine 04401 Re: Proposed Amendment of Bangor City Charter - Financial IF ovisione Gentlemen Tonight the Council will consider an order providing for referral to the voters amendment to the Bangor City Charter intended to Increase the efficiency and flexibility of the administration of the City's financial affairs. Since the proposal was originally drafted, the staff hase ceived suggestions for minor changes frac Henry Hall, Esq. of Ropes 6Cray, our bond counsel, and free other sources. You have already received a copy of the original proposal plus Mr. Hall's proposed changes. For purposes of clarification, the following dis- esiun related to Mr. Hall's proposals and other tropes ed changes that have been received in recent days. The original proposed amendment calls for certain changes in Article V, Bettina 1 of the Bangor City Charter. I believe there is o dispute that the original draft is it order for consideration by the Council. The original proposal also calla for certain amendments to Article V. Sections 1 through 11 of the Charter. It has bee, suggested Thar Section 1 (f), as proposed, be further amended to read as follows: Bangor City Council October 3, 1974 Page 2 'The City of Bangor al shell have and perform for / the e;ad of Bangor all of the powerstreasu er$ dutand to ,L// cimp ollectors." by law upon municipal trees urera and tax c of lett ore ." I have learned of no additional proposals for changing Sections 2, 3, 4, 5, 6 or I of the original proposal. The major disc ssionreno days centers around the pr wisione of Sections 0, 9 and 10 ofthe Charter. in respect to Section 8, M. Hall suggests that the proposed language i for any other purposes for which municipalities are r hereafter may be authorized to borrow money by general law' be replaced with "for any other purpose authorized by general law or any special law now or hereafter applicable to the City of Banger." It has been further suggested that an additional clause be added specifically prohibiting the use of proceeds it on bonds and/or notes issued pursuant to Section 0 to be used for current operating expenses. This certainly is the intent of this section of the charter, and it to the general of opinion that it is the intent of the general law. Assuming tiera theCeunc LL goes along with this second amendment, the provision in question would read as follows - "for any other purpose 'after axed by general law or special law now de hereafter applicable bonds to Che Cfty of enIssued ssu pr pursuan hto thiser, Che[ no shll bed use notes is fund pursuant re this section expenses." be used for footling of current operating expenses, I have discussed this latest proposed change with Henry Hall, and he finds no objection to it. It has been suggested [hat further amendments be made Co the Hopes S I Cray proposal by revising Section 8 to read as follows; "Any order providing, ✓/ for burrowing heeeandee under this section may be amended without fart bar public notice, provided the amount of the bort owing under such order is not thereby Increased,or CM1e purpose of the borrowing changed.' It has been pro- posed that the next sentence be amended to read as follows; "Every i of payable bunds shall be within fixed tar f years the term of such bond t j' not sed the estimated peri utility of the interests, Public improve mental equipment Or other Items kissed with the proceeds it= the sale, but the declaration .... Range City C,mncil Ge tober 3, 1974 Page 3 It has been proposed that the last portion of Section 8 of the Ropes 6 Gray proposal be revised to read as foil ova; "Notes issued In accordance with this section shall be for a term aot`exceeding ten / (10) ycara, or for a term not exceeding the estimated period of utility of the interests, public improvements, equipment or other items to be funded, whichever is Less. No an ual Installment shall be lees than the amount of the note divided by theterm of said note, provided, however...." A question has arisen as to the provisions of Section 9 which incorporate State law in respect to the issuance of revenue bonds and notes. The Revenue Producing Facilities pct under the general statutes, the source of most of our revenue bonding power, specifically exempts cities from apublic notice e and v approval requirement before issuance of revenue bonds and other revenue It is suggested that Section bepermitted to remain sproposed by Ropes 6 Gray. However, if the Council feels strongly about the requirement of a notice and hearing, and/Cr voter approval, such require- ments canbe added by ordinance. gdd¢Imta1 questions have arisen as to whether Section 30 should provide restriction prohibiting the use of temporary loans in situations where revenue bonds and n anticipated. It hes been suggested that a Council mighunwittingly authorize a temporary lose in anticipation of a project for which revenue bonding was later determined infeasible. Such considerations inemJudgment, a latter of good financial management. However, if the Council feels strongly about such mat , it in my suggestion that they not be inwrporated Into the Chatter, but be for by ordinance. In conclusion, there are many issues and matters which are relative to the financial procedures or govermente which a answered by the Charter or the general e Lawn It is recommended that a well organized, and well thought out financial ordinance be added to one ordinances in the near future to take care of such details. Very truly your , Robert E. Mil at City solicitor REM: to cc. City Manager City Clerk ZO SEP W4 IA _, 07 SEC. S. Issue of bonds and notes. Money nay be borrowed, within the limitations fixed by the constitution and statutes of the state now or hereafter applying to said Bangor, by the issue and sale of bonds or notes pledged on the credit of the city, the proceeds to be used for the payment e£ indebtedness of the eitp eentreeted for the acqui- sition of land or interests in land or personal ropert , the construction a equipment o unl rags an o r permanent public improvements, thurchase f quipment, and the payment o refunding of bonds, notes and certr gates of indebtedness previously issued, or by preeeed4ng in eeeoraftnee with the Revised Stetetee of }9647 4itle BBT she pte� 2367 en amp Age emendatory theeeef or in addition there ty for any other purpose authorised by general law ox speciall w now or heiea `j appl rc le to the city f Sango No r er providing or borrrnung he ne%rissT s section hall be passed without public notice of the same ng given y posting such notice in two or more public places in the City of Bangor and by pub- lishing the same at least once in one or more newspapers published in said Bangor, such publication to be not less than ten days before final action by the City Council; nor shall any order providing for borrowing hereunder be passed except n the affirmative vote of at least two-thirds of all the members of the City Council. Any order providing for borrowing hereunder may be amended without further public notice, provided the amount of the borrowing under such order is not thereby increased. Every issue of bonds shall be payable within a fixed term of years; if said bonds are issued in payment e€ indebtedness ieewered for a public improvement the term of such bonds shall not exceed the estimated period of utility of said improvement, but the declaration of the City council embodied in the order authorizing the issue shall be conclusive determination of the estimated period of utility thereof; and the term within which all bongs shall be made Payable shall in no case aeeed 30 years. Bonds issued shall be made payable as pertains to principal in annual serial installments which shall be equal, except that the last installment nay be of lesser amount than the previous installments and interest shall be made payable semi-annually. Notes issued for improvements may be made payable in unequal installments but no annual installment shall be less than one-tenth of the total amount of the issue; provided, however, that the whole or any part of any issue of bonds or notes may be made callable before maturity by appropriate recital in the / // d i K v slltc / vf/ order authorizing the borrowing. Every order for the issue of bonds or notes except revenue bonds and notes and notes �. issued in connection with temporary loans as authiized in sec- tions 9 and 10 of this article shall provide for a tax levy for eao—year of an amount necessary to meet the payment of B i the annual serial installment of principal and the annual interest thereon; and such amounts shall be included in the tax levy for each year until the debt is extinguished. SEC. 9. Revenue bonds and notes. Money may be borrowed by the issuance of revenue be pursuant to 4 general law of any special law app r e to t e City o Bangor. SEC. 10. Temporary loans. Money y be borrowed to oraril z/� in anticipation of taxessa—¢zed bonds or notes, an o o! ex revenues payab a to t e Caty�rom any prove e y genera any spec¢a`T aw an ", , ne city or Bangor. —Bangor. the center of Mains—the Gateway to Maine's North Wooir and Seashore Xemorts an, SINMISe THOMA., n RAISE. 4EN of Pap. Lena. DEPART.... October 3, 1974 Bangor City Council Bangor Mahe 04401 Re: Proposed Amendment of Bangor City Charter - Financial Provisions Gentlemen Tonight the Council will consider an Order providing for referral o the voters an Amendment to the Bangor City Charter intended to increase the efficiency and flexibility of the administration of the City's financial affairs. Since the proposal was originally drafted, the staff has ie cefved Suggestions for msg changes from HenHall, Esq. of Ropes SGray, r band counsel, and it em other sources. YOU have already received a copy of the original proposal plus Mi. Hall's proposed changes. For purposes of clarification, the following dis- cuSSiIn relates to W. Hall's proposals and other proposed changes that have been received in recent days. The original proposed amendment calls for certain changes in Article V, Section 1 of the Bangor City Charter. I believe there i So dispute that the original draft is in order for consideration by the Council. The original proposal also calla for certain amentlments to Article V, Sections L through 11 of the Charter. It has been suggested that Section 1 (f), as proposed, be further amended to read as follows: 9kt-�- /?, Bangor City Council ocInput 3, 1974 Page 2 Rhe Fi ounce Director shall have and perform for the City of Bangor all of the powers and duties imposed by law upon municipal treasurers and tax collectors. I have learned of no additional proposals for changing Sections 2, 3, 4, 5, b or ) of the original proposal. The major discussion Ineent days centers around the provisions of Sections 8, 9 and 10 of the Charter. In respect to Section 8, M. Nall suggests that the proposed language r for any other purposes for which municipalities are or hereafter may be authorized to burrow money by general law" be replaced with "for any other purpose authorized by general law or any special Law now or hereafter applicable to the City of eaugor," It has been further suggested that an additional clause be added specifically prohibiting the use of proceeds from bonds and/or notes issued pursuant to Section S to be used for c ent operating expenses, This certainly is the intent of this section of the Charter, and it is the general e of opinion that it is the intent of the general law. Assuming Mat the r Council goes along with this second amendment, the provision in question would read as follows: "for any other purpose 'authorized by general law o special law or hereafter applicable to the city of Bangor p(provided, however, that no bonds and/or notes issued pursuant to this section shall be used l a for the funding of current operating expenses.) S have discussed this latest proposed change with Henry JHall, and he finds no objection to it. It has been suggested that further amendments be made to the Hopes 6 Cray proposal by revising Section 8 to ead as follows: "Any order providing for borrowing hereaadee under this section may be amended without furl Mr public notice, provided the amount of the borrowing under such order is not thereby increased, or the purpose of the borrowing changed," It has been pro- posed that the next sentence be amended to ead as follow "Every issue of bonds s chall be payable within a fixed [ of years the term of such bond to net a Bed the aSri= tea period of utility of the interests public improve- ments, equipment o other items purchased with [he proceeds from [he sets, but the declaration .... 11 Ifa:gor City Council October 3, 1974 Pngu It has been proposed that the last portion of Section 8 of the Ropes A Cray proposal be revised to read as fall owe; "Notes i ued in accordance ordan with this a shall be for a team note eetling ten (10) years, or for a to me not exceeding the eat imated period of utility of the interests, public improvements, equipment or other items to be funded, whichever as les annual ual installment shall be leas than the amount of the note divided by theterm of said note, provided, however...." A question hes arisen as to the provisions of Section 9 which incorporate State law in respecte the Issuance of revenue bonds and notes. The Revenue Producing Facilities Act under the general su tutee, the s of most of out revenue bonding power,specifically exempts cities from acpublic notice and voter approval requirement before issuance of revenue bonds and other revenue obligation It i suggested that Section 9bepermitted to remain as Proposed by Ropes S Cray. However, if the Council feels strongly about the requirement of a notice and hearing, and/or voter approval` such require- ments can be added by ordinance. Additional questions have arisen as to whether Section 10 should provide astriction prohibiting the use of temporary loans in situations where revee bonds and notes are anticipated. It Me base suggested that a Council might unwittingly authorize a temporary loan in anticipation of a project for which revenue bonding was later determined infeasible. Such considerations inmyjudgment, a matter of good financial management. however, if the Council feels strongly about such matters, it is my suggestion that they not be incorporated into the Charter, but be provided for by ordinance. In conclusion, there are many issues and matters which are relative to the financial procedures i r governmente which a not answered by the Charter or the game rat lawn It is recommended that well organized, and well thought out financial ordinancebeadded to our Ordinances in the near future to take care of such details. Very truly yours, Robert E. Miller City Solicitor REM: cc cc. Ctry Manager City Clerk