CHAPTER 76
H.P. 1802 - L.D. 2529
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation raises the debt limit of the Moscow Water District and the district needs to finance certain projects immediately; 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 1955, c. 104, §10, first ¶ is amended to read:
Sec. 10. Authority to borrow money. For accomplishing the purposes of this act and for such other expenses as may be necessary for the carrying out of said those purposes, said District the district, through its trustees, without District vote subject to the provisions of the Maine Revised Statutes, Title 35-A, section 6412, is authorized to issue its notes and bonds in one series or in separate series from time to time and to refund and to make subsequent renewals of the same in whole or in part to an amount not exceeding the sum of $20,000 $1,800,000 outstanding at any one time. Said notes and bonds shall be a are the legal obligation of said District district which is hereby declared to be a quasi-municipal corporation within the meaning of Section 136 of Chapter 53 of the Revised Statutes of 1954, Title 30-A, section 5701 and all the provisions of said section are applicable thereto; shall be to those notes and bonds. Those notes and bonds are a legal investment for savings banks in the State of Maine; and shall be are exempt from all present taxes. Each bond or note shall must have inscribed on its face the words "Moscow Water District Bond" or "Moscow Water District Note," as the case may be, and shall bear bears interest at such rates as the trustees shall determine. If said bonds or notes be issued from time to time, The district may refund and reissue, from time to time, in one or in separate series, its bonds, notes and other evidences of indebtedness and each authorized issue shall constitute constitutes a separate loan. Each loan shall be is payable at such time or times as the trustees shall determine.
Sec. 2. P&SL 1955, c. 104, §10 is amended by adding after the first paragraph the following new paragraphs to read:
Notwithstanding the debt limit established pursuant to the first paragraph of this section, the district may establish a higher debt limit in accordance with the following. In order to establish a higher debt limit for the district, the trustees shall propose a new debt limit for the district, which the trustees shall submit for approval in a districtwide referendum. The referendum 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 town clerk to post a new list of voters. For the purpose of registering voters, the registrar of voters must be in session on the regular workday preceding the election. The town clerk of the Town of Moscow shall prepare the required ballots with the following question:
"Do you favor changing the debt limit of the Moscow Water District from (insert current debt limit) to (insert proposed debt limit)?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question.
The results must be declared by the municipal officers of the Town of Moscow and due certificate of the results filed by the town clerk with the Secretary of State.
A debt limit proposal becomes effective immediately upon its acceptance by a majority of the legal voters within the district voting at the election. Failure of approval by the necessary majority of voters at the referendum does not prevent subsequent referenda from being held for the same purpose. The district may increase its debt limit to any amount or as often as approved by the legal voters within the district pursuant to this section.
Sec. 3. P&SL 1955, c. 104, §12 is repealed and the following enacted in its place:
Sec. 12. Rates. The rates established pursuant to this section must be sufficient to provide revenue for the purposes of this Act and for all other purposes of the district, without the need for any financial assistance from the Town of Moscow, other than the normal payment of water charges for services rendered.
Individuals, firms and corporations, whether private, public or municipal, shall pay to the treasurer or other designated officer of the district the rates established by the board of trustees for the water service provided to them. The rates must be established in accordance with the Maine Revised Statutes, Title 35-A, chapter 61.
Sec. 4. 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 Moscow Water District at a special or regular town meeting or election held prior to January 1, 2001. 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 on the secular day preceding the election. The subject matter of section 1 of this Act is reduced to the following question:
"Do you favor increasing the debt limit of the Moscow Water District from $20,000 to $1,800,000?"
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 Moscow and due certificate of the results filed by the clerk with the Secretary of State.
Section 1 of 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 January 1, 2001.
Effective April 10, 2000, unless pending referendum.
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