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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 S p- i -p" -� ,7 OCITY OF BANGOR A 4� (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 4;r�j '44zoe�j CITY CLERK Assigned to Councilor J. Assigned to Councilor -r. ��y �BANr'OS` i.� CITY OF BANGOR AA0��0,ry� r _TED,* (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.