Accounts shall be kept by the City Finance Director, showing
the financial transactions of all departments of the city. The Finance
Director shall have the authority and shall be required to:
(a)
Supervise and be responsible for the disbursement
of all moneys and have control over all expenditures to ensure that
the budget appropriations are not exceeded;
(b)
Maintain a general accounting system for the city
government and 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, the amounts paid therefrom, the unpaid
obligations against it and the unencumbered balance; require reports
of receipts and disbursements from each receiving and spending agency
of the city government to be made daily or at such intervals as the
Finance Director 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 statement and report;
(e)
Approve all proposed expenditures; unless the Finance
Director shall certify that there is an unencumbered balance of appropriation
and available funds, no appropriation shall be encumbered and no expenditure
shall be made;
(f)
The Finance 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. For purposes of this article,
one or more of the functions of the Finance Director may be delegated
to one or more designees.
All funds of any form received by city departments shall be
timely deposited into the accounts of the city, which shall be audited
annually by a certified public accountant to be chosen by the City
Council, or by an accountant assigned by the state auditor.
The City Council shall require a bond with sufficient surety
or sureties, satisfactory to the City Council, from all persons trusted
with the collection, custody or disbursement of any public moneys;
and may require such bond from such other officials as it may deem
advisable. The premium charges for said bonds shall be paid by the
city.
All moneys received by any officer, employee or agent of the
city belonging to the city, or for, or in connection with the business
of the City, shall forthwith be paid by the officer, employee or agent
receiving the same into the city treasury, and shall then be deposited
by the city treasurer with a responsible banking institution or institutions
to be chosen by said City Council. All interest from all deposits
of money belonging to the city shall accrue to the benefit of the
city.
The purchasing agent shall purchase all supplies for the city
and for the several officers and boards thereof, excepting educational
supplies for the city schools, which may be purchased by the purchasing
agent upon requisition by the school committee.
The purchasing agent shall see to the delivery of supplies to
each officer and department for whom they were ordered and take and
file receipts therefor. The purchasing agent shall conduct all sales
of property belonging to the city which are unfit or unnecessary for
the city's use but only after such sale has been authorized by the
City Council, and subject to such restrictions as the City Council
may by ordinance provide. The City Manager or his or her designee
shall act as purchasing agent until and unless the City Council by
ordinance shall provide for the appointment of a purchasing agent.
Money shall be paid out only on warrants on the City Treasury
issued by the Finance Director and countersigned by a member of the
City Council to be designated from time to time by the City Council;
provided, however, that in the matter of payrolls, the signature of
the Finance Director shall be sufficient. The Finance Director shall
examine all payrolls, bills and other claims and demands against the
city, and shall issue no warrant for payment until he or she finds
that the claim is in proper form, correctly computed, duly certified
and legally due and payable. The Finance Director may require any
claimant to make oath to the validity of a claim, may investigate
any claim, and for such purpose or purposes may examine witnesses
under oath.
(a)
Fiscal Year. The fiscal year of the city government
shall commence on the first day of July and shall end on the 30th
day of June of each calendar year.
(b)
Budget Submission. The City Manager shall, not
later than the second Monday in April, submit to the Council an annual
current expense budget, which shall be a complete financial plan for
the ensuing fiscal year.
(c)
Budget Document. The annual budget shall contain:
(1) an estimate of all revenue cash receipts anticipated from sources
other than the tax levy for the ensuing fiscal year; (2) the estimated
expenditures necessary for the operation of the several departments,
offices and agencies of the city; (3) debt service requirements for
the ensuing fiscal year; (4) an estimate of the sum required to be
raised by the tax levy for the ensuing fiscal year; and (5) a balanced
relationship between the total estimated expenditures and the total
anticipated revenues and the tax levy, except for overlay as permitted
by statute for the General Fund. All estimates shall be in detail
showing revenues by sources and expenditures by fund, organizational
units, functions and objects of expenditure. The budget shall be so
arranged as to show comparative figures for receipts and expenditures
for the current and next preceding fiscal years.
(d)
Budget Message. 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 summary statements of the budget according to
principal sources of revenue and the headings of expenditure.
(e)
Budget Copies. 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.
(f)
Lapse of Appropriations. Every appropriation, except
an appropriation for a capital expenditure, shall lapse at the close
of the fiscal year to the extent that it has not been expended or
encumbered. An appropriation for capital expenditure shall continue
in force until the purpose for which it was made has been accomplished
or abandoned. The purpose of any such appropriation shall be deemed
abandoned if three years pass without any disbursement from or encumbrance
of the appropriation.
The Council may insert new items of expenditures or may increase,
decrease, or strike out items of expenditure, except that no item
of appropriation for debt service shall be reduced. The Council shall
not alter the City Manager's estimate of receipt except that any increases
or decreases in expenditure items shall be fully reflected by increasing
or decreasing the amount to be raised by tax levy in the ensuing year.
In the event the City Council shall fail to adopt a budget by the
beginning date of the fiscal year, the proposed budget as presented
by the city manager shall automatically become the city budget for
the fiscal year.
The City Manager may at any time transfer any unencumbered appropriation
balance or portion thereof from one classification of expenditure
to another within the same department, office or agency. At the request
of the City Manager, the Council may by order transfer any unencumbered
appropriation balance or portion thereof from one department, office
or agency to another. Such order for transfer may be passed upon a
single reading.
Appropriations in addition to those contained in the budget
shall be made only if the Finance Director certifies that there is
available sufficient unanticipated and unappropriated revenues within
the budgeting fund to meet such additional appropriations or by an
appropriation from a reserve account within the budgeting fund or
by an interfund transfer from the General Fund or other fund.
The City Council shall have the power to appropriate in any
one year, without reference to other provisions of this charter, an
amount not to exceed five percent of the current annual budget, for
the purpose of meeting a public emergency threatening the lives, health
or property of citizens; provided such appropriation shall require
at least seven affirmative votes in the Council. In the absence of
available general fund reserves or undesignated fund balance sufficient
to meet such emergency appropriation, the Council may, in accordance
with the procedure set forth in section 13 of this article, authorize
the issuance of notes to fund such emergency appropriation.
The borrowing of money by and for the city shall be for municipal
purposes only. The credit of the city shall in no manner be loaned
to any individual, association or corporation.
(a)
Authorization. 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 sale of bonds
or notes pledged on the credit of the city, the proceeds to be used
for the acquisition of land or interests in land or personal property,
the construction and equipment of buildings and other permanent public
improvements, the purchase of equipment, the payment or refunding
of bonds, notes and certificates of indebtedness previously issued,
or for any other purpose authorized by general law or special law
now or hereafter applicable to the City of Bangor; provided, however,
that no bonds and/or notes issued pursuant to this section shall be
used for the funding of current operating expenses. No order providing
for borrowing under this section shall be passed without public notice
of the same being given by posting such notice in two or more public
places in the City of Bangor and by publishing the same at least 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 under this section be
passed except on the affirmative vote of at least two-thirds of all
the members of the City Council. Any order providing for borrowing
under this section may be amended without further public notice, provided
the amount of the borrowing under such order is not thereby increased,
or the purpose of the borrowing changed.
(b)
Term. Every issue of bonds shall be payable within
a fixed term of years, the term of such bond to not exceed the estimated
period of utility of the interests, public improvements, equipment
or other items purchased with the proceeds from the sale, 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 in no case exceed 30 years. Notes issued in accordance
with this section shall be for a term not exceeding 20 years, 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. Any issue of bonds or notes may be made callable before maturity
by appropriate recital in the order authorizing the borrowing.
(c)
Tax Levy. Every order for the issue of bonds or
notes except revenue bonds and notes issued in connection with temporary
loans as authorized in section 13(d), 14 or 15 of this article shall
provide for a tax levy for each year of an amount necessary to meet
the payment of 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.
(d)
General Fund Debt. This subsection 13(d) applies
to "general fund debt" which means bonds or notes that are expected
to be paid from the City's general fund. Bonds or notes issued to
finance general fund activities and to be paid from the City's general
fund ("general fund debt") may be issued as general obligation bonds
and such bonds may be issued as serial bonds, term bonds or any combination
thereof, and such bonds shall bear such date or dates, mature at such
time or times and in such amounts, bear interest at such rate or rates,
fixed or adjustable, be payable in such form and at such time or times
and at such place or places, contain such redemption and conversion
privileges, contain such provisions regarding security for the payment
thereof and be sold under such terms and conditions as the City Council
may determine.
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This subsection 13(d) shall apply to any general fund debt whether
issued on a stand-alone basis or on a consolidated basis with other
general fund projects or enterprise debt. Notwithstanding the foregoing,
interest payments on all general fund debt shall be paid on a current
annual basis; provided, however, that the first payment date for such
interest payments may be extended up to 15 months from the date such
general fund debt is incurred.
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(e)
Enterprise Debt. For purposes of this subsection
13(e) "enterprise activities" means any revenue-generating project,
business or activity treated by the City as a separate enterprise
for its internal account purposes. Bonds or notes issued to finance
enterprise activities ("enterprise debt") may be issued as general
obligation bonds or as limited obligation revenue bonds payable solely
from revenues generated by the enterprise for which the project is
undertaken, or any portion thereof and in either case, such bonds
may be issued as serial bonds, term bonds or any combination thereof,
and such bonds shall bear such date or dates, mature at such time
or times and in such amounts, bear interest at such rate or rates,
fixed or adjustable, be payable in such form and at such time or times
and at such place or places, contain such redemption and conversion
privileges, contain such provisions regarding security for the payment
thereof and be sold under such terms and conditions as the City Council
may determine. This subsection 13 (e) shall apply to any enterprise
debt whether issued on a stand-alone basis or on a consolidated basis
with other enterprises debt or general fund debt.
(f)
Refunded Obligations. Bonds or notes issued to
refund any outstanding bonds or notes or other indebtedness of the
City, whether refunding outstanding general fund debt or enterprise
debt may be issued as serial bonds, term bonds or any combination
thereof, and such bonds shall bear such date or dates, mature at such
time or times and in such amounts, bear interest at such rate or rates,
fixed or adjustable, be payable in such form and at such time or times
and at such place or places, contain such redemption and conversion
privileges, contain such provisions regarding security for the payment
thereof and be sold under such terms and conditions as the City Council
may determine. This subsection 13 (f) shall apply to any refunding
obligations whether issued on a stand-alone basis or a consolidated
basis with other enterprise debt or general fund debt.
Notwithstanding any of the provisions of Section 13 above money
may be borrowed by the issuance of revenue bonds and notes pursuant
to general law or any special law applicable to the City of Bangor.
Money may be borrowed temporarily in anticipation of taxes,
of authorized issues of bonds or notes, and of other revenues payable
to the City from any source, as provided by general law or any special
law applicable to the City of Bangor.
[Amended 11-6-2012]
The City Council shall target an unassigned fund balance of
no more than 16.66% of the operating budget for the General Fund.
The target balance shall be established at 8.33% of the last year's
General Fund operating budget.
The City Council shall have the authority to adopt by order a credit reserve fund as provided for in statute. The purpose of this fund will be to assist the City in continuing its normal operations without increasing the tax rate. Appropriation from this fund shall be made by appropriation resolve which shall be read on two separate days in accordance with the provisions of Section 7 of Article II of this charter.
The City Council shall have the authority to create such other reserve funds as authorized by statute or that the Council shall deem advisable. The order creating such fund shall include a statement as to the intent and purpose of the fund, the funding mechanism, and the authority to use and withdraw from the fund. Appropriation from such fund shall be made by appropriation resolve which shall be read on two separate days in accordance with the provisions of Section 7 of Article II of this charter.
[Added 11-6-2012]
(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 general 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 Federal mandates and judicially or adminsitratively ordered actions; (vi) any construction or financing of improvements or equipment 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 equipment needed 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, however, 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:
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Shall the order or resolve "[title]" be approved?
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(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 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.
