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PRIVATE & SPECIAL LAWS
Second Regular Session of the 118th

CHAPTER 75
H.P. 1546 - L.D. 2175

An Act Relating to the Debt Limit of the Limerick Water District

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

     Whereas, 2 large fires during the 1990's within the Town of Limerick have illustrated the inadequacy of the fire protection available through the Limerick Water District, and in particular the need to increase the size of the primary water main through the town; and

     Whereas, the Department of Human Services has indicated to the Limerick Water District that its system reservoir is in disrepair and needs to be replaced in order to maintain the quality of the water supply; and

     Whereas, the Limerick Water District plans to address these deficiencies in 1998 by constructing a new reservoir and replacing the primary water main, which will in turn require the district to borrow funds in excess of the debt limit established in its charter. These funds must be obtained during the spring of 1998 in order to permit construction during the summer and fall of that year; and

     Whereas, in conjunction with the Limerick Water District's financing efforts, the Town of Limerick is in the process of procuring a community development block grant from the State, which will be lost if not utilized for construction during 1998; 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 1957, c. 219, §10, first sentence is 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 the district, through its trustees, without district vote, is authorized to borrow money temporarily and to issue therefor its negotiable notes, and for the purpose of renewing and refunding the indebtedness so created, of paying any necessary expenses and liabilities incurred under the provisions of this act, including organizational and other necessary expenses and liabilities whether incurred by the district or the Town of Limerick, the district being authorized to reimburse said the Town of Limerick for any such expenses incurred by it, and in acquiring properties, paying damages, laying pipes, mains, aqueducts and conduits, constructing, maintaining and operating a water plant or system and making renewals, additions, extensions and improvements to the same, and to cover interest payments during the period of construction, said the district, through its trustees, without district vote, is also authorized to issue, from time to time, bonds, notes or other evidences of indebtedness of the district 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 trustees shall determine; provided that the total indebtedness of said the district at any one time outstanding shall may not exceed the sum of $200,000 $1,000,000.

     Sec. 2. P&SL 1957, c. 219, §10, is amended by adding after the first paragraph a new paragraph to read:

     Notwithstanding any other provision of this section, the district, through its trustees, may issue bonds, notes or other evidences of indebtedness in amounts exceeding $1,000,000 at any one time if a greater debt limit is established by referendum in accordance with the Maine Revised Statutes, Title 35-A, section 6413. The district may not have outstanding at any one time bonds, notes or other evidences of indebtedness in amounts exceeding any debt limit established by referendum in accordance with Title 35-A, section 6413.

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

Effective March 31, 1998.

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