CHAPTER 15
H.P. 533 - L.D. 724
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Portland Water District is a public municipal corporation organized and existing under the laws of the State; and
Whereas, the Portland Water District, at the request of the municipal clerks of a number of the municipalities constituting the district, desires to change the trustee election dates to coincide with the regular municipal elections held in such communities; and
Whereas, as an accommodation to the municipalities, the Portland Water District desires to have these changes effective prior to June 1997 to preclude the necessity of special elections in the Town of Cape Elizabeth, the Town of Gorham and the Town of Scarborough solely for the purpose of electing a trustee of the district; and
Whereas, in response to a request from the City of Portland, the Portland Water District desires to expand the authority granted in its charter to allow it to contract with entities, including municipal corporations, to provide storm drain services; 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 1907, c. 433, §2, sub-§B, 4th¶, as amended by P&SL 1977, c. 48, §1, is further amended to read:
In addition to the operation of waste water and sewage system, the district is also authorized to contract with persons, firms and corporations, including municipal corporations, upon such terms as may be agreed to manage, operate, construct and maintain waste water and sewage collection and treatment systems, as well as storm drain facilities and systems, and, in addition, to contract with municipal and quasi-municipal corporations to acquire, own and finance municipal collection and treatment systems and storm drain facilities and systems.
Sec. 2. P&SL 1907, c. 433, §18, 2nd ¶, as repealed and replaced by P&SL 1993, c. 58, §1, is repealed and the following enacted in its place:
Trustees are elected for a term of 5 years at elections as described in this paragraph. Trustees elected from the City of Portland are elected at the City of Portland's regular municipal elections in May. Trustees elected from the City of South Portland, the City of Westbrook, the Town of Cape Elizabeth, the Town of Gorham and the Town of Scarborough are elected at elections on the first Tuesday after the first Monday of November. Trustees elected from the Town of Cumberland, the Town of Falmouth and the Town of Windham are elected on the mutually coincident municipal elections within those towns in June, but if there is not a mutually coincident municipal election date, then on the 2nd Tuesday of June. Costs for any trustee election held concurrently with a federal, state or municipal election are divided between the municipality and the district. When there is a division of costs, the district is responsible for the costs proportional to the total number of offices and referenda issues voted upon at the election. If an election for a trustee results in a tie vote, the other trustees shall select the person who becomes a trustee.
Sec. 3. Transition. The terms of trustees of the board of the Portland Water District serving on the effective date of this Act and elected from the Town of Cape Elizabeth, the Town of Gorham, the Town of Scarborough, the City of South Portland and the City of Westbrook that expire in June of 1997, 1998, 1999 or 2000 are extended to the November election dates of the respective years as established by this Act.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 25, 1997.
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