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Monday, August 25, 2008

The Lisbon Town Council Wants to Significantly Change Article II. Town Council

ARTICLE II. TOWN COUNCIL

Sec. 2.06. Proceedings of the Council.

The Lisbon Town Council wants to add to the end of the Subsection the following:

(a) Meetings. The Council shall meet regularly at least once each month at such times and places as the Council may prescribe. Special meetings may be held on the call of the Chair or of four or more members of the Council by causing notification to be given in hand or left at the usual dwelling place of each Councilor. If practicable, such notice shall be given not less than twelve hours before the special meeting and shall be published in a newspaper or newspapers having general circulation in the town. "The Chair, and the Vice Chair when acting as Chair, shall exercise full privileges of Council membership including participation including deliberations on all issues before Council and the right to vote on all issues."

(b) Rules. The Council shall determine its own rules of procedure and order of business. "The term limits for each office shall be administered separately and a term as Vice Chair, shall not preclude the Vice Chair from assuming the Chair."

(c) Voting. Voting shall be by show of hands except that a vote recording the yeas and nays of the Councilors shall be taken for final passage of any ordinance or upon the request of any Councilor. A majority of the members of the Council shall constitute a quorum, and no vote shall be taken in the absence of a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No other action of the Council shall be binding or valid unless adopted by four or more affirmative votes.

Sec. 2.07. Action Requiring an Ordinance.

The Lisbon Town Council wants to amend by adding the highlighted text as follows:

In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the Council shall be by ordinance which (1) adopt or amend an administrative code, or establish, alter or abolish any Town department, office or agency; (2) provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (3) regulate the rate at which a business or establishment may charge for its services; (4) convey or lease real or personal property of the Town except tax acquired property; or (5) amend or repeal any ordinance previously adopted. Acts other than those referred to in this section may be accomplished by ordinance, order, or resolve.

Sec. 2.08. Ordinances.

The Lisbon Town Council wants to amend the following Ordinance from this:

(a) Procedure. An ordinance may be introduced by any Councilor at any regular or special meeting of the Council and may not be enacted except after public hearing thereon. Notice of all public hearings on any proposed ordinance shall be given at least seven (7) days in advance of the public hearing by publication in a newspaper or newspapers having general circulation in the Town and by posting copies of said notice at the Town Hall and such other places as the Council may designate. An ordinance, in order to be finally adopted, must be read and voted upon at two separate meetings of the Town Council held not less than seven days apart without any material amendment of the ordinance between the first and second vote. Except as otherwise provided in this Charter, every ordinance shall be effective 21 days after the date of final adoption.

To this:

(a) Procedure. An ordinance may be introduced by any Councilor at any regular or special meeting of the Council. All ordinances shall be submitted in writing. At the meeting where the ordinance is first introduced, it may be adopted with or or without amendment. If initially adopted, the ordinance shall be considered at a subsequent meeting of the Town Council held not less than seven (7) days from the date of the original amendment. Prior to consideration at this meeting, the Council shall conduct a public hearing on the ordinance. Notice of the public hearing shall be given at least seven (7) days in advance of the date of the public hearing. Notice shall be published in a newspaper or newspapers having general circulation in the Town and by posting copies of the Notice at the Town Hall and at such other places as the Council may designate. The public hearing Notice shall contain the text of the proposed ordinance if the text contains less than 1,000 words; if 1,000 words or more, a summary of the ordinance proposed shall be included in the Notice. The full text of any proposed ordinance shall be available to the public at the Town Clerk's Office. Prior to initial consideration by Council and prior to the public hearing, the full text of the ordinance as presented at that meeting, and with the inclusion of any amendments adopted up to that point by Council, shall be read except that reading may be waived by affirmative vote of two-thirds (2/3) of the entire Council. After the public hearing and at the meeting then in session or at a later date, the Council may finally adopt the ordinance with or without amendment. If substantial amendments are made after the public hearing, the Council may require a second public hearing on the ordinance as amended prior to final approval. Every ordinance shall become effective on the 21st day after its final adoption by Council except as otherwise provided in this Charter, and except that ordinances submitted to Referendum under this Charter shall become effective upon favorable vote of a majority of those voting thereon at such Referendum.

(b) Emergency Ordinances. The Town Council may adopt an emergency ordinance to meet a public emergency affecting life, health, property, or the public peace. An emergency ordinance shall be plainly designated as such and shall contain a statement that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted at the meeting at which it is introduced without a second reading upon affirmative vote of at least 5 members of the Town Council. It shall become effective at the time of adoption or at such later time as the Council may specify. An emergency ordinance may be repealed by the adoption of a repealing ordinance in the same manner as the emergency ordinance was originally adopted. Every ordinance shall stand repealed as of the ninety-first (91st) day following the date on which it was adopted unless adopted under the provisions of Subsection 2.08(a) within the emergency ordinance period.

(c) Copies. Copies of ordinances shall be available to the public for free or for a reasonable price to be fixed by the Council.

(T.M. of 9-19-2006, § 2006-43, Ref. of 11-7-2006)

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