H.P. 1666 - L.D. 2335
An Act to Revise the Charter of the Madawaska Water District
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the charter of the Madawaska Water District makes reference to a repealed section of law; and
Whereas, the charter makes reference to the Madawaska Water District conducting referendum elections to increase the district's debt limit; and
Whereas, the Madawaska Water District operates under a town meeting form of government; and
Whereas, in order to allow the Madawaska Water District to operate under its governing structure, it is necessary to amend the charter; 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 1953, c. 17, §11, first ¶, as amended by P&SL 1995, c. 75, §1, is further amended to read:
For accomplishing the purposes of this act and for such other expenses as may be necessary for the carrying out of said purposes, said district, through its trustees, subject to the provisions of the Maine Revised Statutes, Title 35-A, section
6304 6310, is authorized to issue its notes and bonds in one series or in separate series from time to time and to make subsequent renewals of the same in whole or in part to an amount not exceeding the sum of $1,500,000 outstanding at any one time, unless the district obtains approval of the voters of the district for a higher debt limit pursuant to this section. Said notes and bonds are the legal obligation of said district, which is hereby declared to be a quasi-municipal corporation within the meaning of the Maine Revised Statutes, Title 30-A, section 5701, as amended, and all provisions of said section are applicable to those notes and bonds. The notes and bonds are a legal investment for savings banks in the State of Maine, and are exempt from all present taxes. The said district may refund and reissue, subject to the provisions of the Maine Revised Statutes, Title 35-A, section 6304, from time to time, any of its notes and bonds and other evidence of indebtedness. Each bond or note must have inscribed on its face the words "Madawaska Water District Bond," or "Madawaska Water District Note," as the case may be, and bears interest at such rates as the trustees determine. The district, by vote of its trustees, may refund and reissue, from time to time, in one or in separate series, its bonds, notes and other evidences of indebtedness and each authorized issue constitutes a separate loan. Each loan is payable in annual amounts of principal, beginning not more than one year from its date and runs for such period as said trustees determine.
Sec. 2. P&SL 1953, c. 17, §11, 2nd and 5th ¶¶, as enacted by P&SL 1995, c. 75, §2, are amended to read:
In order to establish a higher debt limit for the district, the trustees shall propose a new debt limit for the district, which the trustees shall submit for approval
in at a districtwide referendum meeting of the district. The referendum district meeting must be called, advertised and conducted according to the law relating to municipal elections, except section 7 of this Act. If the proposed increase in the district's debt limit is approved at the district meeting, the district shall, within 10 days of the approval, mail notice of the approval to each of the district's ratepayers and publish a notice once in a newspaper of general circulation within the district. If within 30 days of the mailing or publication, whichever is later, not less than 10% of the ratepayers of the district file a petition with the district requesting the question to be submitted to the voters of the district for approval in a referendum election, then the trustees shall submit the question for approval in a districtwide referendum. The referendum must be called, advertised and conducted by the Town of Madawaska according to the Maine Revised Statutes, Title 30-A, section 2528, except that the district is responsible for calling and holding the public hearing prior to the election and that the registrar of voters is not required to prepare or the town clerk to post a new list of voters. For the purpose of registering voters, the registrar of voters must be in session on the regular workday preceding the election. The town clerk of the Town of Madawaska shall prepare the required ballots with the following question:
A debt limit proposal becomes effective immediately upon expiration of the 30-day time period described in this section, unless a petition is timely filed, in which case the debt limit proposal becomes effective immediately upon its acceptance by a majority of the legal voters within the district voting at the election. Failure of approval by the necessary majority of voters at the referendum does not prevent subsequent referenda from being held for the same purpose. The district may increase its debt limit to any amount or as often as approved
by the legal voters within the district pursuant to this section.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 15, 2000.
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