CHAPTER 27
H.P. 993 - L.D. 1391
An Act to Amend the Charter of the Dover-Foxcroft Water District
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, in order to ensure a smooth transfer of the fire prevention systems from the Dover-Foxcroft Water District to the Town of Dover-Foxcroft this legislation must go into effect immediately; 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 1985, c. 107, Pt. B, §2 is repealed.
Sec. 2. P&SL 1985, c. 107, Pt. B, §§4 and 5 are repealed.
Sec. 3. P&SL 1985, c. 107, Pt. B, §6, first ¶ is amended to read:
Sec. 6. Officers and powers. The officers of the corporation shall consist of a supervisor, clerk, treasurer, collector, 3 assessors, 4 or more fire wardens and a board of trustees of 3 members, one of whom shall be is designated as chairman chair and such other officers as may be provided for in the bylaws of the district.
Sec. 4. P&SL 1985, c. 107, Pt. B, §6, 2nd ¶ is repealed.
Sec. 5. P&SL 1985, c. 107, Pt. B, §7, last ¶ is amended to read:
The district, at any legal meeting thereof of the district, may make and alter bylaws and ordinances for its government for the efficient management of its water system and properties and of its fire department, including the erection and maintenance of chimneys, regulation of all fires, stoves, pipes and flues in use for the purpose of heating contained in any building, the keeping of ashes, and for the regulation of all such other matters as shall endanger property to destruction by fire or tend to spread fire rapidly; provided that as long as the same are not repugnant to the law of the State; and may enforce the same by suitable penalties equal to the penalties provided in the Maine Revised Statutes, Title 35, chapter 313, to be recovered by action of debt in the name and to the use of the district. No justice in Dover-Foxcroft may be disqualified from trying such actions by reason of his being a member of the district.
Sec. 6. P&SL 1985, c. 107, Pt. B, §8 is amended to read:
Sec. 8. Voting rights. All persons who are liable to be taxed by the district and reside within the territorial limits of the district and who are otherwise qualified to vote in municipal elections in the State of Maine shall be are members of the district and entitled to vote at its meetings and shall be are eligible to hold office in the district.
Sec. 7. P&SL 1985, c. 107, Pt. B, §9 is repealed.
Sec. 8. P&SL 1985, c. 107, Pt. B, §12,
sub-§1, 5th ¶ is amended to read:
All bonds, notes or other evidences of indebtedness of the district may be issued in one series or in separate series, in such amount or amounts, bearing interest at such rate or rates and having such terms and provisions as the board of trustees determines. Any such bonds, notes and evidences of indebtedness may be issued to mature serially or made to run for such periods as the board may determine. Bonds, notes or evidence of indebtedness may be issued with or without provision for calling the same prior to maturity and, if callable, may be made callable at par or at such premium as the board may determine. All bonds, notes or other evidences of indebtedness shall must be signed by the treasurer and countersigned by the chairman chair of the board of the district. All bonds, notes and evidences of indebtedness issued by the corporation shall be are legal obligations of the district, which is declared to be a quasi-municipal corporation within the meaning of the Maine Revised Statutes, Title 30 30-A, section 5053 5701. The provision that bonds, notes and evidences of indebtedness issued by the district shall be are legal obligations of the district shall may not be construed so as to prohibit the imposition by the district of fees and charges for the use of water and water service or fees and charges for fire regulation, prevention or fire fighting. Subject to the provisions of this section and in addition to the purposes set forth in this section, the district may, from time to time, issue in one series or in separate series its bonds, notes and other evidences of indebtedness for the purpose of paying, redeeming or refunding outstanding bonds, notes or evidences of indebtedness and each authorized issue shall constitute constitutes a separate loan. All bonds, notes and evidences of indebtedness issued by the district shall be are legal investments for savings banks in the State and the interest thereon on bonds, notes and evidences of indebtedness and any projects profits from the sale thereof shall be of bonds, notes and evidences of indebtedness are tax exempt.
Sec. 9. Emergency clause; referendum; effective date. In view of the emergency cited in the preamble, this Act takes effect when approved only for the purpose of permitting its submission to the legal voters within the Town of Dover-Foxcroft at an election called for that purpose and held by September 30, 1999. The election must be called, advertised and conducted according to the law relating to municipal elections, except that the registrar of voters is not required to prepare or the clerk to post a new list of voters. For the purpose of registration of voters, the registrar of voters must be in session the secular day preceding the election. The subject matter of this Act is reduced to the following question:
"Do you favor amending the charter of the Dover and Foxcroft Water District to authorize the transfer of the fire department to the Town of Dover-Foxcroft?"
The voters shall indicate by a cross or check mark placed against the words "Yes" or "No" their opinion of the same.
The results must be declared by the municipal officers of the Town of Dover-Foxcroft and due certificate of the results filed by the clerk with the Secretary of State.
This Act takes effect for all purposes immediately upon its approval by a majority of the legal voters voting at the election. Failure to achieve the necessary approval in any referendum does not prohibit subsequent referenda consistent with this section, provided the referenda are held prior to September 30, 2001.
Effective pending referendum.
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