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PRIVATE & SPECIAL LAWS
Second Regular Session of the 122nd

CHAPTER 34
H.P. 1244 - L.D. 1736

An Act To Amend the Charter of the Boothbay Harbor Sewer District

Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.

     Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the Boothbay Harbor Sewer District is a quasi-municipal corporation organized and existing under the laws of the State; and

     Whereas, certain residences and businesses in the Town of Boothbay have private, on-site sewage disposal systems that are inadequate; and

     Whereas, the Town of Boothbay and the Boothbay Harbor Sewer District believe it is in their best interests to extend the territory of the Boothbay Harbor Sewer District to serve the Town of Boothbay; 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 1961, c. 161, §1, as amended by P&SL 1993, c. 59, §1 and affected by §2, is further amended to read:

     Sec. 1. Territorial limits; incorporation. The territory, and the inhabitants therein, of the Town of Boothbay Harbor in the County of Lincoln and the territory, and the inhabitants therein, of that part of the Town of Boothbay, in the County of Lincoln, which is bounded and described as follows: Beginning at a point in the middle of the intersection of Dover Road and State Route 27; thence easterly a distance of 2,000 feet, more or less, to a point; thence southwesterly a distance of 10,000 feet, more or less, to the Boothbay Harbor town line; thence westerly along the town line a distance of 6,000 feet, more or less, to a point; thence northerly a distance of 9,000 feet, more or less, to a point; thence easterly a distance of 5,200 feet, more or less, to the point of beginning, constitute a public sewerage district and a body politic and corporate under the name of "Boothbay Harbor Sewer District." The purpose of this district, subject to the provisions of section 10, is to take over, control, operate and manage the sewers now owned by the Town of Boothbay Harbor with all appurtenances thereto; to extend, increase, enlarge and improve these sewers; to extend the present system or systems so as to furnish sewerage facilities to parts of the district not now served with those facilities; to provide for removal and treatment of sewage when, as and if that treatment becomes necessary; and generally to construct, maintain, operate and provide a system of sewerage, sewage disposal and sewage treatment for public purposes and for the health, welfare, comfort and convenience of the inhabitants of the district.

     Sec. 2. P&SL 1961, c. 161, §17, 2nd sentence, as amended by P&SL 1991, c. 81, §1 and affected by §3, is further amended to read:

The total indebtedness of the district at any one time outstanding may not exceed the sum of $5,500,000 $8,500,000.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective March 2, 2006.

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