HP0887
LD 1309
Session - 127th Maine Legislature
C "A", Filing Number H-399, Sponsored by
LR 1362
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out all of section 7 and inserting the following:

Sec. 7. Debt limit. Notwithstanding the Maine Revised Statutes, Title 35-A, section 6413, the debt limit on the total amount of all bonds, notes and other evidences of indebtedness payable within a period of more than 12 months issued by the district is $20,000,000. This debt limit may be amended by the legal voters in a districtwide referendum election called for that purpose pursuant to Title 35-A, section 6413.’

Amend the bill by striking out all of section 10 and inserting the following:

Sec. 10. Referendum; effective date. This Act takes effect when approved only for the purpose of permitting its submission to the legal voters within the proposed district described in section 1 of this Act in accordance with this section. Each election must be held on the same date in all municipalities within a 2-year period after the effective date of this Act.

In a districtwide election held in each municipality within the territory of the proposed district, the following question, referred to in this section as "Question 1," must be submitted to the voters within the proposed district:

"Do you favor creating the Central Maine Water District and permitting the Central Maine Water District to acquire the assets and assume the liabilities of the Hallowell Water District and the Gardiner Water District?"

In an election held only in the City of Hallowell, the following question, referred to in this section as "Question 2," must be submitted to the voters within the proposed district within the City of Hallowell:

"If the Central Maine Water District is created, do you favor the Hallowell Water District turning over its assets and liabilities to the Central Maine Water District and eventually dissolving as a corporate entity?"

In an election held only in the City of Gardiner, the following question, referred to in this section as "Question 3," must be submitted to the voters within the proposed district within the City of Gardiner:

"If the Central Maine Water District is created, do you favor the Gardiner Water District turning over its assets and liabilities to the Central Maine Water District and eventually dissolving as a corporate entity?"

Each election must be called by the municipal officers of the respective municipalities and must be held at the regular voting places. Even if each municipality has not accepted the secret ballot method of voting, the election must be called, advertised and conducted according to the law relating to municipal elections, including the Maine Revised Statutes, Title 30-A, section 2528. The registrar of each municipality in the proposed district shall make a complete list of all the eligible voters of the proposed district in the municipality as described in this Act. For the purpose of the registration of voters, the registrar of voters must be in session the secular day preceding the election. The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion of the question presented.

The results must be declared by the municipal officers of each municipality and due certificate of the results filed by each municipal clerk with the Secretary of State.

This Act takes effect for all other purposes only upon the approval of all of the 3 questions specified in this section by a majority of the legal voters voting at each election as specified in this section and upon certification by the Secretary of State that a majority of all the legal voters in all the municipalities voting at the election in the territory of the proposed district voted in favor of Question 1; a majority of the legal voters voting at the election in the City of Hallowell voted in favor of Question 2; and a majority of the legal voters voting at the election in the City of Gardiner voted in favor of Question 3.’

summary

This amendment removes from the bill provisions restricting the decision to form the Central Maine Water District and have it acquire the assets and liabilities of the Hallowell Water District and the Gardiner Water District to the legal voters of municipalities in which 25% or more of the households would be customers of the proposed district and replaces them with provisions extending the decision to so vote to all the legal voters of the proposed district. It also provides for 2 additional referendum questions: one for the voters in the City of Hallowell to vote whether to permit the Hallowell Water District to turn over its assets and liabilities to the Central Maine Water District and eventually dissolve as a corporate entity and one for the voters in the City of Gardiner to vote whether to permit the Gardiner Water District to turn over its assets and liabilities to the Central Maine Water District and eventually dissolve as a corporate entity. It requires that all 3 questions must be voted affirmatively for the Central Maine Water District to be formed. It also changes the charter to require a districtwide referendum to increase the district's debt limit.

FISCAL NOTE REQUIRED
(See attached)


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