CHAPTER 18
H.P. 683 - L.D. 935
An Act to Increase the Debt Limit of the Waldoboro Utility 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, two thirds 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 Waldoboro Utility District needs immediately to increase its debt limit to finance the costs of replacing its existing wastewater treatment plant; 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 1963, c. 146, §7, as amended by P&SL 1991, c. 34, §1, is further amended to read:
Sec. 7. Rights of abutters or others to enter. Any A person may not enter that person's private sewer into any sewer of the district while the same is under construction and before completion of said sewer at the point of entry, and before an entrance charge is established, on obtaining a permit in writing from the trustees; but after the sewer is completed to the point of entry and an entrance charge established on that location, a person may not enter that person's private sewer into such sewer until that person has paid the entrance charge and obtained a permit in writing from the trustees. All such permits shall must be recorded by the clerk of the district in its records before the same are issued.
Sec. 2. P&SL 1963, c. 146, §17, as amended by P&SL 1963, c. 216, §1; P&SL 1987, c. 98, §2 and P&SL 1989, c. 2, §2 is repealed and the following enacted in its place:
17. Authorized to borrow money to issue bonds and notes. For accomplishing the purposes of this Act, the district, by resolutions of its board of trustees, without district vote, is authorized to borrow money temporarily and to issue for the money 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 incurred by the district or the Town of Waldoboro, the district being authorized to reimburse the Town of Waldoboro for any such expense incurred or paid by the town, and in acquiring properties, paying damages, laying sewers, drains and conduits, constructing, maintaining and operating a sewage plant or system and making renewals, additions, extensions and improvements to them, and to cover interest payments during the period of construction, the Waldoboro Utility District, by resolutions of its board of 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; except that the total indebtedness of the district at any one time outstanding may not exceed the sum of $2,000,000. The bonds, notes and evidences of indebtedness may be issued to mature serially or made to run for such periods as the trustees may determine, but the bonds, notes and evidences of indebtedness may not run for a longer period than 40 years from the date of original issue of the bonds, notes and evidences of indebtedness. Bonds, notes or evidences of indebtedness may be issued with or without provision for calling them prior to maturity and, if callable, may be made callable at par or at such premium as the trustees may determine. All bonds, notes and evidences of indebtedness must have inscribed upon their face the words "Waldoboro Utility District," and be signed by the treasurer and countersigned by the chair of the board of trustees of the district and, if coupon bonds are issued, the interest coupons attached to the coupon bonds must bear the facsimile of the signature of the treasurer. All bonds, notes and evidences of indebtedness issued by the district are legal obligations of the district, which is a quasi-municipal corporation as defined in the Maine Revised Statutes, Title 30-A, section 2351, and all provisions of that section are applicable. The district may issue in one series or in separate series, its bonds, notes and evidences of indebtedness, for the purpose of paying, redeeming or refunding outstanding bonds, notes or evidences of indebtedness, and each authorized issue constitutes a separate loan. All bonds, notes and evidences of indebtedness issued by the district are legal investments for savings banks in the State and are tax-exempt. The district is authorized and empowered to enter into agreements with the State or Federal Government, or any agency of either, or any corporation, commission or board authorized by the State or Federal Government to grant or loan money to or otherwise assist in the financing of projects such as the district is authorized to carry out and to accept grants and borrow money from any government agency, corporation, commission or board as may be necessary or desirable to enforce this Act.
Sec. 3. Emergency clause; referendum; effective date. In view of the emergency cited in the preamble, this Act takes effect when approved, except that section 2 of this Act takes effect only for the purpose of permitting its submission to the legal voters within the Waldoboro Utility District at an election to be called and held for that purpose by December 31, 1998. The election must be called by the municipal officers of the Town of Waldoboro and must be held at the regular voting places. The election must be called, advertised and conducted according to the law relating to municipal elections; except that the board of registration is not required to prepare nor the town clerk to post a new list of voters. The board of registration must be in session on the 3 working days next preceding the election, the first and 2nd days to be devoted to registration of voters and the last day to enable the board to verify the corrections of the lists and to complete and close their records of the session. The town clerk shall reduce the subject matter of section 2 of this Act to the following question:
"Do you favor amending the Waldoboro Utility District charter by changing the debt limit of the district from $1,000,000 to $2,000,000 and removing the requirement that any single expenditure in excess of $100,000 be approved by district vote?"
Section 2 of this Act takes effect for all purposes immediately upon acceptance by a majority of the legal voters at the election, but only if the total number of votes cast for and against its acceptance exceeds 10% of the registered voters of the district, but failure of approval does not prevent subsequent elections held prior to December 31, 1998.
The results of the election must be declared by the municipal officers of the town and due certificate of the election must be filed by the town clerk with the Secretary of State.
Effective pending referendum.
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