CHAPTER 28
H.P. 1199 - L.D. 1620
An Act to Amend the Charter of the New Portland 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 water supply of the New Portland Water District does not meet the United States Environmental Protection Agency's drinking water standards; and
Whereas, the New Portland Water District has just received emergency funding through a United States Department of Agriculture rural development block grant and a community development block grant; and
Whereas, the New Portland Water District must drill new wells to meet the Environmental Protection Agency's drinking water standards; 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 1975, c. 18, §1 is amended to read:
Sec. 1. Territorial limits; corporate name and purpose. The inhabitants of and the territory within that part of the Town of New Portland in the County of Somerset, more commonly known as North New Portland village, as is hereafter described: Beginning at the New Portland-Embden town line on the Hancock Pond Road, so called, and extending westerly along the road to the center of North New Portland village at the post office a distance of approximately 1.4 miles including 4 rights-of-way southerly from said road; first to a spring 500 feet more or less from the highway at the Jackson Farm, and second a right-of-way to the reservoir 1,000 feet southwesterly from the highway on the west side of Fletcher Hill, plus a right-of-way to a spring above the reservoir approximately 1,000 feet southeasterly of said reservoir, plus a 4th right-of-way northwesterly approximately 1,000 feet from the reservoir to the highway. Also, including a right-of-way northeasterly from said highway approximately 500 feet to the pumping station and lower springs, all such rights-of-way being occupied by pipe lines and other property of North Village Water Company. Also beginning at the post office at the center of said North New Portland village along the following roads and streets:
1. Southerly on the North Anson Road approximately 4,000 feet to a point opposite home of Charles Collins, Jr.
2. Northerly approximately 4,000 feet to the top of Fred Berry Hill, so called, for the location of a future stand pipe or reservoir.
3. Westerly approximately 1,500 feet to a junction at Hall Corner, so called, crossing Gilman Stream by an underwater pipe westerly of the highway bridge.
4. Thence westerly 500 feet, more or less, to a point opposite Hilda Trudel's residence.
5. Thence southerly from Hall Corner a distance of 2,000 feet, more or less, to a point opposite the residence of Roland Pease.
6. Also including all land 500 feet on either side of the above described roads and all streets in North New Portland village;
shall be and hereby are constituted and surrounding areas described as follows: Beginning at a point where the New Portland-Embden town line intersects with the Lexington town line; thence south along the New Portland-Embden town line to the intersection of 44° 54' 30" north latitude; thence west along 44° 54' 30" north latitude to the intersection of 70° 04' 37" west longitude; thence north along 70° 04' 37" west longitude to the Lexington town line; thence east along the Lexington town line to the point of beginning constitute a body politic and corporate under the name of "New Portland Water District" for the purpose of supplying the said district and the inhabitants of said the district with pure water for domestic, commercial, sanitary, industrial, agricultural and municipal purposes.
The authority granted under this chapter shall supersede supersedes the authority granted the North Village Water Company to serve said area.
Sec. 2. 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 territory of the New Portland Water District as proposed in this Act at a special or regular town meeting or election held prior to January 1, 2005. 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. 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 of this Act to the following question:
"Do you favor expanding the territory of the New Portland Water District to allow the district to access a new source of water supply?"
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 New Portland and due certificate of the results filed by the town clerk with the Secretary of State.
This Act takes effect immediately upon its acceptance by a majority of the legal voters voting at the election. Failure of acceptance by a majority of the legal voters does not prohibit subsequent elections held in accordance with this section, provided the elections are held prior to January 1, 2005.
Effective pending referendum.
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