HomeMy WebLinkAbout2012-08-27 12-280 ORDERCOUNCIL ACTION
Item No. 12-280
Date: August 27, 2012
Item/Subject: ORDER "Proposing an Amendment to the Bangor City Charter, Article VIII,
Section 13, Business and Financial Provisions, Issuance of Bonds and Notes", to be included on
the November 6, 2012 Municipal Ballot
Responsible Department: Legal
Commentary:
PRIOR TO MOVING THIS ORDER, A PUBLIC HEARING MUST BE HELD.
This Order will place a proposed amendment to Article VIII Section 13 of the Bangor City Charter
on the November 6, 2012 regular municipal election ballot. Through the petition process, a
sufficient number of valid signatures were obtained to place the proposed amendment before
the voters for consideration. The proposed amendment states that in certain circumstances the
borrowing of money by the City Council above established amounts would require voter
ratification. The amendment also provides that for certain borrowing, the requirement for voter
ratification is not required. Currently, the Charter has no provision to require ratification of
Council action to borrow money.
Manager's Comments:
Associated Information: Order
Budget Approval:
Legal Approval:
Introduced for
x Passage
First Reading
Referral
Department Head
City Manager
Finance Director
/1//mak%
Page _ of _
12-280
AUGUST 27, 2012
Assigned to Councilor Baldacci
i SBA
-0O
U �
/per( �'.9
CITY OF BANGOR
r4� f Eer
ED. ,
(TITLE.) ORDER, "Proposing an Amendment to the Bangor City Charter, Article VIII, Section
13, Business and Financial Provisions, Issuance of Bonds and Notes", to be included on the
November 6, 2012 Municipal Ballot
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 obligating the city to expend, over a
term greater than one municipal year, municipal tax funds in excess of an amount greater 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 sewers*(iii) the issuance of cieneral obligations securities or 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
12-280
AUGUST 27, 2012
Federal mandates and judicially or adminsitratively ordered actions; (vi) any construction or
financing of improvements or eauipment 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 eauipment deeded 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 against
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 question for the referred order or resolve shall be substantially as
follows:
Shall the order or resolve "ftitlel" 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 methodof 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 section 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.
IN CITY COUNCIL
August 27, 2012
Roll Call Vote:
Councilors Voting Yes: 8-1
Baldacci, Balnchette, Gallant,
Gratwick, Longo, Hawes, Sprague,
Weston
Councilors Voting no: Durgin
Passed
DEPUTY CITY CLERK
aoliouno3 of pau61ssd
(`3-111.0