The Nantucket County shall hereby continue to be a body politic
and corporate and a public instrumentality providing regional governmental
services within the geographical bounds fixed by law, including the
Islands of Nantucket, Tuckernuck and Muskeget. The exercise of the
powers herein conferred upon the County shall be deemed the performance
of an essential governmental function.
It is the intent of this Charter to confer on the County all
powers permitted under the Constitution of the Commonwealth and the
General Laws and special acts relating to county governments; this
Charter is intended to be liberally construed so to empower the County.
Without intending to limit the generality of County powers as stated in Section 1.2 and notwithstanding the provisions of any general or special law to the contrary, the following enumerated powers are granted to the County government:
(a)
To establish, subject to such approvals by the Commonwealth
as may from time to time be required by the general laws, the annual
operating and capital budgets for operation and maintenance of the
various County offices, departments and functions and for County purposes,
including the establishment of grants to the Town of Nantucket;
(b)
Through the adoption, amendment or repeal of ordinances, or
the provisions of an administrative code, to organize and regulate
County internal affairs; to create, alter and abolish County agencies,
offices, positions and employments, to provide for the manner of appointment
and removal and the salary or other compensation to be paid for such
offices, positions and employments. Nothing in this Charter shall
be deemed to grant the power to effect any alteration, amendment or
abolition of (i) the existence of Nantucket County as a county, (ii)
the offices of the County Sheriff, Register of Probate, Clerk of the
Courts or the Register of Deeds; or (iii) the composition, mode of
election or term of office of the legislative body or of the County
Chair or Vice-Chair.
(c)
Notwithstanding any limitation on county purposes as may be contained in Chapter 34 or Chapter 35 of the General Laws, to adopt, amend, enforce and repeal resolutions and ordinances, with fines and penalties not to exceed $300 for a violation thereof, in furtherance of, or not inconsistent with, the bylaws, regulations and resolutions of the Town of Nantucket, in order to provide for the general health, welfare and safety of the inhabitants of, and visitors to, the Islands; provided, however, that this Charter shall not in any way infringe upon or diminish the paramount powers and duties of the Town of Nantucket under the General Laws, pursuant to which the Town of Nantucket shall retain the right, by exercise of the local police power, to provide for the general health, safety and welfare of its citizens;
(d)
To construct, acquire, operate and maintain public improvements,
projects or enterprises for any public purpose, notwithstanding any
limitation upon county purposes as may be contained in c. 34 or c.
35 of the General Laws, and specifically including roads, bike paths,
public works, recreation, open space, sewage collection and disposal
facilities, solid waste disposal facilities, law enforcement facilities
such as regional lockups and corrections and police stations, and
other such purposes, and to exercise the power of eminent domain in
furtherance of any such purpose, subject to such procedures as are
provided for county governments by the General Laws;
(e)
To exercise powers of eminent domain, borrowing and taxation
to the extent authorized for county governments by the laws of the
Commonwealth;
(f)
To sue and be sued; to establish, maintain and use the corporate
seal of the County; to enter contracts; to buy, sell, lease, hold,
encumber, impose easements upon, and dispose of real and personal
property; and to appropriate and expend funds for County purposes;
(g)
To contract with or sign agreements with other governmental
entities for the provision of a joint, coordinated or cooperative
service or functions; and
(h)
To apply for, to accept and to obtain federal and state grants,
loans and other funds and in-kind grants, as if the County were a
district, a city, a town, a region, an authority, a state or a state
agency within the meaning of legislation authorizing any contract
or grant consistent with the purposes of Nantucket County.
