[Adopted 6-5-2001 (Ch. 2, Art. XVI, of the 2010 Code)]
The provisions of this article shall be known and may be cited as the "Water Enterprise Ordinance."
Beginning in the fiscal year ending June 30, 2002, the City of Taunton shall operate an enterprise fund pursuant to MGL c. 44, § 53F1/2, for the Water Department for the City of Taunton.
A. 
No later than 120 days prior to the beginning of any fiscal year after the enactment of this article, after the fiscal year ending June 30, 2005, the Mayor may declare a budget emergency by submitting to the Municipal Council, during a meeting of the Municipal Council, a written assessment of the fiscal condition of the City of Taunton.
B. 
The written assessment of the fiscal condition of the City of Taunton shall include his/her recommendation on the suspension or repeal of the enterprise fund pursuant to this article and MGL c. 44, § 53F1/2; an estimate of revenues and expenditures for the next fiscal year; a summary of current revenues and expenditures for the current fiscal year; an explanation as to the necessity of reducing the required appropriation for the capital improvements budget; and a summary of any and all other areas of the upcoming and current budget that shall be reduced to remedy the budget emergency.
C. 
Upon receipt of the declaration pursuant to this section, the Municipal Council shall hold a public hearing within 15 days of the receipt of the declaration. The Mayor, City Auditor, Treasurer/Collector, Assessors and any other relevant department head shall be present at the public hearing to testify concerning the declaration.
D. 
Notwithstanding the provisions of MGL c. 44, § 53F1/2, the Taunton Municipal Council may vote to suspend or repeal the Water Enterprise Fund only after achieving a favorable vote with six members voting in the affirmative on two successive weeks. The Municipal Council shall enter into the records its specific reasons that would justify its vote to suspend or repeal the Water Enterprise Fund. If the Municipal Council fails to act within the time provided in this section, the requested suspension or repeal shall be constructively denied.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Capital projects performed may be considered expenditures pursuant to MGL c. 44, § 53F1/2.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Notwithstanding any other ordinance contained within the Revised Ordinances for the City of Taunton, any amendment to this article shall require six votes of the Municipal Council before its adoption.