LD 2525
pg. 1
LD 2525 Title Page An Act to Amend the Charter of the Small Point Water Company Page 2 of 2
Download Bill Text
LR 3906
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, in order for the customers of the Small Point Water
Company to have safe drinking water, the company must incur
certain capital costs immediately and converting to nonprofit
status will allow the company to access the necessary financing;
and

 
Whereas, in the judgment of the Legislature, these facts create
an emergency within the meaning of the Constitution of Maine and
require the following legislation as immediately necessary for
the preservation of the public peace, health and safety; now,
therefore,

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. P&SL 1893, c. 479, §7 is repealed.

 
Sec. 2. P&SL 1893, c. 479, §9 is amended to read:

 
Sec. 9. Said The corporation is hereby authorized to issue
bonds not exceeding in amount one-half of its capital stock, the
same to be the first lien upon and secure the same by mortgage of
its franchise and property. This act shall become null and void
in two years from the time when the same shall take effect,
unless the corporation shall have organized and commenced the
construction of its works under this charter.

 
Sec. 3. P&SL 1893, c. 479, §§9-A to 9-D are enacted to read:

 
Section 9-A.__Nonprofit status.__Small Point Water Company,
upon approval of its sole shareholder, has the authority to
convert its status from a for-profit business corporation to a
nonprofit corporation, the conversion to be effected by filing
with the Secretary of State an amendment to the corporation's
articles of incorporation.__The amendment must provide that the
corporation retains its original incorporation date of March 9,
1893 and retains all of its rights, powers, duties, authorities,
privileges and obligations as now exist.__Upon filing of the
amendment all outstanding shares of the corporation's stock are
canceled and the corporation's status automatically converts into
that of a nonprofit corporation governed by the Maine Revised
Statutes, Title 13-B to the extent consistent with this Act.__The
Secretary of State shall maintain records of the conversion
showing the continuous existence of the corporation under state
law.


LD 2525 Title Page Top of Page Page 2 of 2