CHAPTER 42
S.P. 652 - L.D. 1873
An Act to Increase the Debt Limit of the Vinalhaven 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 Vinalhaven Water District needs to replace its water supply source and to replace a water main; and
Whereas, the present borrowing capacity of the district is not large enough to finance the project; and
Whereas, it is essential that the work be completed as soon as possible in order to provide water service to the inhabitants of the district and to protect the present expenditures; 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 1977, c. 99, §12, first sentence is amended to read:
For accomplishing the purposes of this Act, and for such any other expenses as that may be necessary for the carrying out of those purposes, the district, through its trustees, is authorized to borrow money temporarily and to issue therefor 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, whether incurred by the district or the municipality, the district being authorized to reimburse the municipality for any such expenses incurred by it, and in acquiring properties, paying damages, laying pipes, mains, aqueducts, 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, the district, through its trustees, 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 and to make subsequent renewals of the bonds, notes or other evidences of indebtedness, the amount or amounts, not exceeding the sum of $400,000 $1,500,000 outstanding at any one time, bearing interest at such rate or rates, and having such terms and provisions as the trustees shall determine; provided except that in the case of a vote by the trustees to authorize bonds or notes to pay for the acquisition of property, for the cost of a water system or part thereof of a water system, for renewal or additions or for other improvements in the nature of capital costs, the estimated cost of which, singly or in the aggregate included in any one financing is $30,000 or more, or for renewing or refunding existing indebtedness, notice of the proposed debt and of the general purpose or purposes for which it was authorized shall must be given by the clerk by publication at least once in a newspaper having a general circulation in the Town of Vinalhaven.
Sec. 2. P&SL 1977, c. 99, §12 is amended by inserting 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 $1,500,000 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 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.
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 1 of this Act takes effect only for the purpose of permitting its submission to the legal voters within the district by December 31, 1997. 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. For the purposes of registration of voters, the registrar of voters must be in session the secular day preceding the election. The subject matter of section 1 is reduced to the following question:
"Do you favor increasing the debt limit of the Vinalhaven Water District from $400,000 to $1,500,000?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No' their opinion of the same.
The results must be declared by the municipal officers of the Town of Vinalhaven and due certificate of the results filed by the clerk with the Secretary of State.
This Act takes effect for all purposes immediately upon its approval by a majority of the legal voters voting at the election. Failure to achieve the necessary approval in any referendum does not prohibit subsequent referenda consistent with this section, provided the referenda are held prior to December 31, 1997.
Effective pending referendum.
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