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Monday, August 25, 2008

The Lisbon Town Council Wants to Add Section 1.05 to Article I. Grant of Powers to the Town


Sec. 1.01. Incorporation.

The inhabitants of the Town of Lisbon, within the limits as now established or as hereafter established in the manner provided by law, shall be a municipal corporation by the name of the Town of Lisbon.

Sec. 1.02. Powers and Duties.

The Town shall have, exercise and enjoy all the rights, immunities, powers, privileges and franchises, and shall be subject to all the duties, liabilities and obligations provided for herein, or otherwise pertaining to or incumbent upon said Town as a municipal corporation, or the inhabitants or municipal authorities thereof. It may enact bylaws, regulations and ordinances not inconsistent with the Constitution and laws of the State of Maine, and impose penalties for the breach thereof, to be recovered for such uses as said bylaws, regulations and ordinances shall provide. The Town may acquire property within or without its corporate limits for any town purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease or condemnation, and may sell, lease, mortgage, hold, manage and control such property as its interest may require.

Sec. 1.03. Construction.

In this Charter, mention of a particular power shall not be construed to be exclusive or to restrict the scope of the powers that the Town would have if the particular power were not mentioned. The Charter shall be liberally construed to the end that the Town may have all the powers necessary or convenient for the conduct of its municipal affairs, including all powers the Town may assume pursuant to state laws and to the provisions of the State Constitution.

Sec. 1.04. Intergovernmental Relations.

The Town may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more municipalities, states or civil divisions or agencies thereof, or of the United States or any agency thereof.

The Lisbon Town Council wants to add a new Sec. 1.05, as follows:

Sec. 1.05. Separation of Powers.

The Town of Lisbon, pursuant to authority granted by the Home Rule Amendment to the Maine Constitution and statutory authority under the Maine Revised Statutes, exercises both legislative and administrative powers in carrying out its governmental functions. Legislative powers are vested solely and exclusively with the Town Council. This Legislative function pertains to the enactment of Ordinances, Regulations, Resolutions and Orders, and with the establishment of Policy, the purpose of which is to determine a course of conduct for Town government, and to formulate Rules of Conduct consistent therewith. Administrative powers are vested in the Town Manager and Town Staff. These executive functions vested in the Town Manager and his Staff exist for the purpose of carrying out administratively the Legislative Policies adopted, approved and set down by the Town Council. This Charter recognizes a firm line of division between these two governmental functions and herein expresses the principal that members of the Town Council shall not be involved in the exercise of the administrative powers of the Town, except to determine that the Legislative Enactments and Policies adopted by Council are being carried out by Town Administration.