CHAPTER 60
H.P. 1382 - L.D. 1937
An Act to Restore the Requirement That Certain Expenditures of the Waldoboro Utility District Be Approved by District Vote
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, that part of Private and Special Law 1989, chapter 2, section 2 that pertains to any expenditure that exceeds $100,000 must be approved by district vote was inadvertently removed by Private and Special Law 1997, chapter 18; and
Whereas, the vote by the district is being delayed until the language is reinstated in the charter; 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 P&SL 1997, c. 18, §2 is repealed and the following enacted in its place:
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 P&SL 1963, c. 146, §17, as amended by P&SL 1963, c. 216, §1; P&SL 1987, c. 98, §2 and P&SL 1989, c. 2, §2, is repealed and the following enacted in its place: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 and that any single expenditure that exceeds $100,000 must be approved by district vote. 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. 2. P&SL 1997, c. 18, §3 is amended by amending the question to read:
"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?"
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 5, 1998.
| Revisor of Statutes Homepage | Subject Index | Search | 118th Laws of Maine | Maine Legislature |
