CHAPTER 11
H.P. 291 - L.D. 389
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is necessary that this legislation be enacted as an emergency so that the trustees of the Waldoboro Utility District may establish reserve accounts as soon as possible; 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 P&SL 1963, c. 146, §7, as amended by P&SL 1997, c. 18, §1, is repealed and the following enacted in its place:
Sec. 7. Procedure for connection of sewer. A person may enter that person's private sewer into a sewer of the district upon obtaining a permit in writing from the trustees and upon paying entrance charges as established by the district.
Sec. 2. P&SL 1963, c. 146, §14, 3rd ¶, 3rd sentence, as repealed and replaced by P&SL 1989, c. 2, §1, is amended to read:
Each voter who signs a nomination paper shall add the candidate's voter's place of residence with the street and number, if any.
Sec. 3. P&SL 1963, c. 146, §14, 3rd ¶ from the end, as amended by P&SL 1993, c. 33, §1, is further amended to read:
Members of the board of trustees are eligible to any office under the board. The trustees are entitled to receive as compensation for their services an amount to be determined by them not to exceed $300 each per year, but if they fail to determine a salary they are entitled to receive $10 each for each meeting of the board that they attend and approved by the municipal officers as required by the Maine Revised Statutes, Title 38, section 1252, subsection 5. The treasurer may be allowed such compensation as the trustees determine.
Sec. 4. P&SL 1963, c. 146, §18, 3rd ¶ is amended to read:
The sewer rates, tolls, rents and entrance charges shall must be so established as to provide revenue at least sufficient, together with any other available funds, for the following purposes:
I. To pay the current expenses for operating and maintaining the sewerage, drainage and treatment system: of the district;
II. To provide for the payment of the principal of, premium, if any, and interest on the indebtedness created all bonds and notes issued by the district as those bonds and notes become due and payable;
III. To provide each year a sum equal to not less than 1% nor more than 5% of the entire indebtedness created by the district, which sum shall be turned into a sinking fund and there kept to provide for the extinguishment of said indebtedness create and maintain any reserves required by any trust agreement or resolution securing bonds and notes and any reserve accounts the trustees may establish, including, but not limited to, capital improvement accounts, capital equipment accounts, credit reserve accounts, sinking fund accounts and capital dedicated reserve accounts. Money set aside for the sinking fund shall be devoted to the retirement of the obligations of said sewer district, and reserve accounts may be invested in such securities as savings banks in this State are allowed to hold;
IV. If any surplus remains at the end of the year, it may be turned into the sinking fund. To provide funds for paying the cost of all necessary repairs, replacements and renewals of the sewerage, drainage and treatment systems of the district; and
V. To pay or provide for any amounts that the district is obligated to pay or provide by law or contract, including any resolution or contract with or for the benefit of the holders of its bonds and notes.
Sec. 5. P&SL 1963, c. 146, §18, as amended by P&SL 1971, c. 61, is further amended by adding at the end a new paragraph to read:
The adoption of rate schedules is governed by the requirements of the Maine Revised Statutes, Title 38, section 1252, subsection 1.
Sec. 6. Emergency clause; referendum; effective date. In view of the emergency cited in the preamble, this Act takes effect when approved, except that section 4 of this Act takes effect only for the purpose of permitting its submission to the voters of the Town of Waldoboro at an election to be called and held for that purpose by December 31, 2006. 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 purpose of registration of voters, the registrar of voters must be in session the secular day preceding the election. The subject matter of section 4 of this Act is reduced to the following question:
"Do you favor changing the charter of the Waldoboro Utility District to modify the purposes for which its rates are charged to allow for the creation of reserve accounts?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion of the same.
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.
Section 4 of this Act takes effect for all purposes immediately upon acceptance by a majority of the voters of the Town of Waldoboro. Failure to achieve the necessary approval does not prevent subsequent elections held prior to December 31, 2006.
Effective May 13, 2005, unless otherwise indicated.
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