LD 1854
pg. 1
LD 1854 Title Page Resolve, to Validate the Assessment, Commitment and Tax Collection of the Town ... Page 2 of 2
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LR 3079
Item 1

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

 
Whereas, the Maine Revised Statutes, Title 30-A, section 2526,
subsection 9 requires all town officials to be sworn by the
moderator in an open town meeting by the clerk, by a notary or by
any other person authorized by law to administer an oath before
assuming the duties of office; and

 
Whereas, the fiscal year for the Town of Wells begins on July
lst and ends on June 30th; and

 
Whereas, due to an oversight in 2000, the Town of Wells' tax
assessor was not sworn before sending the tax commitment to the
Town of Wells' tax collector for fiscal year 2001, which began
July 1, 2000 and ended June 30, 2001; and

 
Whereas, immediate enactment of this legislation is necessary to
validate the assessment, commitment and tax collection process in
the Town of Wells for fiscal year 2001, to eliminate the cost and
expense of replicating the assessment, commitment and collection
process and to diminish the uncertainties of municipal tax
collections in the Town of Wells; 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

 
Sec. 1. Assessment, tax commitment and tax collection process of Town of Wells for
fiscal year 2001 ratified, made legal and valid. Resolved: That, notwithstanding
any failure of compliance with the provisions of the Maine
Revised Statutes, Title 30-A, section 2526, subsection 9, the
qualifications and appointment of the tax assessor and tax
collector of the Town of Wells for the fiscal year 2001, which
began July 1, 2000 and ended June 30, 2001, are deemed legally
sufficient and valid. The assumption and performance of the
duties of office by the tax assessor and tax collector and their
respective deputies and agents in the Town of Wells for fiscal
year 2001 are ratified, made legal and valid as of April 18,
2000. The assessments, commitment and collection of taxes for
fiscal year 2001 by the Town of Wells are ratified, made legal
and valid; and be it further

 
Sec. 2. Retroactivity. Resolved: That this resolve applies
retroactively to April 18, 2000.


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