HomeMy WebLinkAbout2012-08-13 12-268 ORDERCOUNCIL ACTION
Item No. 12-2M
Date: August 13, 2012
Item/Subject: ORDER, Referring an Order Entitled "Proposing an Amendment to the Bangor
City Charter, Article VIII, Business and Financial Provisions" for a Public Hearing.
Responsible Department: Legal
Commentary:
This Order refers an Order entitled "Proposing an Amendment to the Bangor City Charter, Article
VIII, Business and Financial Provisions" on the November 6, 2012 Municipal Ballot to the August
27, 2012 City Council meeting for a public hearing.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
introduced for
Passage
First Reading
Referral
Department Head
Page _ of _
City Manager
Finance Director
City Solicitor
12-268
AUGUST 13, 2012
Assigned to Councilor Longo
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OCITY OF BANGOR
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(TITLE.) ORDER, Referring an Order Entitled "Proposing an Amendment to the Bangor City
Charter, Article VIII, Business and Financial Provisions" for a Public Hearing.
WHEREAS, the Bangor City Charter currently has no provision to require ratification of Council
action to borrow money under certain circumstances; and
WHEREAS, the Petitioners Committee has submitted the required number of Valid Signatures
within the time required by the Charter of the City of Bangor as certfied by the City Clerk; and
By the City Council of the City of Bangor.
ORDERED,
That the attached Order entitled "Proposing an Amendment to the Bangor City Charter, Article
VIII, Business and Financial Provisions" on the November 6, 2012 Municipal Ballot for a Public
Hearing be placed on the August 27, 2012 City Council agenda for a public hearing and that the
City Clerk is hereby directed to post seven days notice of said hearing.
IN CITY COUNCIL
AUGUST 13, 2012
MOTION MADE AND SECONDED
TO SUSPEND THE RULES TO (TITLE,)
ADD'JBY SUBSTITUTION
ORDER 12-268
PASSED
MOTION MADE AND SECONDED
FOR PASSAGE OF ORDER 12-258
PASSED
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CITY CLERK Assigned to Councilor
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CITY OF BANGOR
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(TITLE.) ORDER, Proposing an Amendment to the Bangor City Charter, Article VIII,
Business and Financial Provisions
WHEREAS, the Bangor City Charter currently has no provision to require ratification of Council
action to borrow money under certain circumstances; and
WHEREAS, the Petitioners Committee has submitted the required number of valid signatures
within the time required by the Charter of the City of Bangor as certfied by the City Clerk; and
WHEREAS, an amendment to the Bangor City Charter requires a vote of the citizens of Bangor;
and
By the City Council of the City of Bangor.
ORDERED,
That the following amendment to Article VIII, section 16 of the Bangor City Charter be placed
on the ballot of the 2012 regular municipal election to be held November 6, 2012 for approval
by the qualified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104 (1)
and 2105.
Article VIII. Sec. 19 Voter referendum required for certain City Council action
(a) The City Council shall submit the following to voter referendum:
(1) Orders or resolves authorizing the issue of general obligation securities of the
city in a principal amount of five one-hundedth of one percent of the last certified state
valuation of the City for a single capital improvement or item of capital equipment
(2) Orders or resolves directly or indirectly gbligating the city to expend over a
term Qreater than one municipal year, munici al tax funds in excess of an amount cireater than
seven and one-half one -hundredths of one percent of the last certified state valuation of the
city for a single capital improvement or item of capital equipment
(b) The provisions of this section shall not be applicable to any order or resolve authorizing
(i) the refunding of any securities or other obligations of the city; (ii) the issuance of general
obligation securities or other direct or indirect obligations of the city for streets sidewalks or
storm or sanitary sewersm(iii) he issugnce of general obligations securities,r other direct or
indirect obligations, of the city for the city's self-sustaining enterprise funds; (iv_) money
borrowed in anticipation of revenue as provided in Article VIII Section 15• (v) the issuance of
general obligations securities, or other direct or indirect obligations of the city for State or
Federal mandates and iudically or adminsitratively ordered actionssvi) any o�uction or
financing of improvements or eqUiDment needed as a result of a fire flood disaster or other
declared emergency. For purposes of this section, the city council may by vote of seven of the
members adopt emergency orders or resolves authorizing construction or financing of
improvements or eguipment dggQed as a result of a fire, flood, disaster or other emergency and
such orders or resolves shall contain a section in whch the emergency is set forth and defined;
provided, hower, that the declaration of the city council shall be conclusive.
(c) Any order or resolve described in subsection (a) of this sction shall be approved by
separate action of the city council.
(d) No order or resolve described in subsection (a) of this section, not excepted by
subsection (b), shall become effective until approved by a majority of voters voting at a regular
or special municipal election. In the event that the total number of votes cast for and a ainst
the question for the referred order or resolve is less than ten percent of the registered voters of
the city at the time of the election, then such order or resolve shall be deemed to be approved
and effective.
(e) The form of the ballot auestion for the referred order or resolve shall be substantially as
follows:
Shall the order or resolve "[title)" be approved?
(f) The ballot shall include a statement of information as required by 30-A M.R.S.A. section
5772, as the same may be amended from time to time.
(g) The method of voting at municipal elections under this section shall be in the same
manner otherwise prescribed for municipal elections by law.
(h) A copy of the order or resolve submitted pursuant to this s ction shall be posted in the
City Clerk's office at least two weeks prior to the date of the election.
(i) Whenever any order or resolve is required by the provisions of this section to be
submitted to the voters of the city at an election the City Council must order one publication of
the complete text to be made in a newspaper of general circulation in the City of Bangor, such
publication to be made no less than 10 days nor more than 15 days prior to the election.
Statement of Fact: Additions to the existing Charter provisions are underlined.
Summary:
This amendment will add a provision to the City Charter to require voter ratification of Council
action to borrow money under certain circumstances. Currently there is no such provision in the
City Charter.