CHAPTER 20
H.P. 985 - L.D. 1322
An Act to Increase the Borrowing Capacity of the Topsham Sewer District
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Topsham Sewer District is now in the process of reconstructing and replacing old sewer mains and the funds needed will exceed the current borrowing capacity of the district; and
Whereas, the district needs immediate authority to accomplish those purposes; and
Whereas, this legislation is necessary for the health of the inhabitants; 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 P&SL 1957, c. 128, §9, sub-§6, as repealed and replaced by P&SL 1977, c. 49, is amended to read:
6. Borrowing limit. Said The district may not become indebted in aggregate by its notes and bonds in an amount greater than $1,000,000 $2,000,000 except said the district may, from time to time, as its trustees may decide, issue its notes or bonds in anticipation of receipt of federal or state funds or both for any project for which federal or state funds or both have been authorized but not then received by the district, which said anticipation notes or bonds are not to be included as part of said the debt limit. The notes of the district in the principal amounts of $174,000 and $675,000 outstanding on April 1, 1977, are hereby declared to have been issued in anticipation of receipt of federal or state funds, or both, for such a project.
Sec. 2. P&SL 1957, c. 128, §9, sub-§7 is enacted to read:
7. Debt limit increases. Notwithstanding the limitation on aggregate indebtedness established in subsection 6, the trustees of the district may propose a different debt limit and submit that debt limit for districtwide approval at a special or regular town meeting 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. The registrar of voters must be in session on the secular day next preceding the election. The question presented must conform to the following form:
"Do you favor changing the debt limit of the Topsham Sewer 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 Topsham and due certificate of the results filed by the town clerk with the Secretary of State.
A debt limit proposal becomes effective upon its acceptance by a majority of the legal voters within the district voting at the town meeting. Failure of approval by the majority of voters voting at the town meeting does not prevent subsequent elections from being held for the same purpose. The costs of holding the elections are borne by the district.
The total indebtedness of the district at any one time outstanding may not exceed the sum approved in accordance with this subsection.
Sec. 3. P&SL 1957, c. 128, §9, last 3 ¶¶, as enacted by P&SL 1977, c. 49, are repealed.
Sec. 4. Emergency clause; referendum; effective date. In view of the emergency cited in the preamble, this Act takes effect when approved only for the purpose of permitting its submission to the legal voters within the district at a special or regular town meeting or election held prior to January 1, 2002. 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 town clerk to post a new list of voters. The registrar of voters must be in session on the secular day next preceding the election. The town clerk shall prepare the required ballots, on which the town clerk shall reduce the subject matter of this Act to the following question:
"Do you favor increasing the debt limit of the Topsham Sewer District from $1,000,000 to $2,000,000?"
The voters shall indicate by a cross or check mark placed against the words "Yes" or "No" their opinion on the question.
The results must be declared by the municipal officers of the Town of Topsham and due certificate of the results filed by the town clerk with the Secretary of State.
This Act takes effect immediately upon its acceptance by a majority of the legal voters voting at the election.
Effective pending referendum.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
