CHAPTER 68
H.P. 1719 - L.D. 2207
An Act to Amend the Charter of the Winterport 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 Winterport Water District urgently needs to increase its borrowing capacity to meet the needs of the district; 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:
PART A
Sec. A-1. P&SL 1969, c. 94, §14, first ¶, as amended by P&SL 1983, c. 31, §1, is further amended to read:
Sec. 14. Authority to borrow money. For accomplishing the purposes of this Act, the water district, through its trustees, without vote of the inhabitants, is authorized to borrow money temporarily and to issue therefor the negotiable notes of the district, for the purpose of refunding the indebtedness so created, for paying any necessary expenses and liabilities incurred under the provisions of this Act, including the expenses incurred in the creation of a district, in acquiring the properties and franchises of the Winterport Water Company by purchase or otherwise, of assuming and paying all mortgages, liens and encumbrances thereon as provided in sections 10 and 11, of securing sources of supply, taking water and land, paying damages, laying pipes, constructing, maintaining and operating a water plant and making renewals, extensions, additions and improvements to the same, and protecting the watershed, to an amount or amounts necessary in the judgment of the trustees therefor, provided the total indebtedness shall may not exceed the sum of $800,000 $1,200,000 at any one time outstanding.
PART B
Sec. B-1. P&SL 1969, c. 94, §14, as amended by P&SL 1983, c. 31, §1, is further amended by adding at the end the following new paragraphs to read:
Notwithstanding the limitations on total indebtedness established in this section, the trustees may propose a new debt limit for the district, which the trustees shall submit for approval in a districtwide referendum. The referendum must be called, advertised and conducted by the Town of Winterport 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 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 Winterport shall prepare the required ballots with the following question:
"Do you favor changing the debt limit of the Winterport Water District from (insert current debt limit) to (insert proposed debt limit)?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question.
The results must be declared by the municipal officers of the Town of Winterport and due certificate of the results filed by the town clerk with the Secretary of State.
A 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 costs of referenda conducted under this section are borne by the district. The total indebtedness of the district at any one time outstanding may not exceed the sum approved by referendum.
PART C
Sec. C-1. Emergency clause; referendum. In view of the emergency cited in the preamble, this Act takes effect when approved, except that Part A of this Act takes effect when approved only for the purpose of permitting its submission to the legal voters within the Winterport Water District at a special or regular town meeting or election held prior to January 1, 2003. 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 town clerk to post a new list of voters. The registrar of voters must be in session on the secular day next preceding the election. The town clerk shall prepare the required ballots, on which the town clerk shall reduce the subject matter Part A of this Act to the following question:
"Do you favor increasing the debt limit of the Winterport Water District from $800,000 to $1,200,000?"
The voters shall indicate by a cross or check mark placed against the words "Yes" or "No" their opinion on the question.
The results must be declared by the municipal officers of the Town of Winterport and due certificate of the results filed by the town clerk with the Secretary of State.
Part A of this Act takes effect immediately upon its acceptance by a majority of the legal voters voting at the election. Failure to achieve the necessary approval in any referendum does not prevent subsequent referenda consistent with this section as long as the referenda are held prior to January 1, 2003.
Effective April 8, 2002, unless otherwise indicated.
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