CHAPTER 25
H.P. 1220 - L.D. 1661
An Act to Amend the Charter of the Portland Water District to Permit the Extension of Water and Wastewater Service to the Town of Raymond
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all of the members elected to each House have determined it necessary to enact this measure.
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Portland Water District is a public municipal corporation organized and existing under the laws of the State; and
Whereas, the Portland Water District desires to include the Town of Raymond in its territory; and
Whereas, the Portland Water District desires to have the Town of Raymond included on its Board of Trustees; and
Whereas, the Portland Water District desires to have these changes effective prior to June 2001 to preclude the necessity of special elections in the cities and towns that are now a part of the district; 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 1907, c. 433, §1, as amended by P&SL 1991, c. 89, §1, is further amended to read:
Sec. 1. Territory. The territory and people of the Cities of Portland, South Portland and Westbrook and the Towns of Cape Elizabeth, Cumberland, Falmouth, Gorham, Raymond, Scarborough and Windham constitute the public municipal corporation named the Portland Water District.
Sec. 2. P&SL 1907, c. 433, §2, sub-§A, as enacted by P&SL 1975, c. 84, is amended to read:
A. The district is authorized to supply the inhabitants of the Cities of Portland, South Portland and Westbrook and the Towns of Cape Elizabeth, Cumberland, Falmouth, Gorham, Raymond, Scarborough, Standish and Windham and said municipalities with pure water for domestic, sanitary and municipal services. The district is further authorized to sell water to the Yarmouth Water District and the North Yarmouth Water District. The district for the purposes of its incorporation is hereby authorized to take, hold, divert, use and distribute water from Sebago Lake, Chafin Pond, its existing well sites in Cumberland, Windham and the Steep Falls section of Standish in addition to any other available source within its territory.
Sec. 3. P&SL 1907, c. 433, §2, sub-§B, first ¶, as enacted by P&SL 1975, c. 84, is amended to read:
B. The district is authorized to acquire, construct, maintain, control, operate, manage and provide facilities for the handling on a regional basis of waste water wastewater and sewage consisting of domestic, commercial, municipal and industrial wastes; and for the handling of storm or surface waters entering a combined municipal sewer system, all as collected by the municipalities of the Cities of Portland and Westbrook and the Towns of Cape Elizabeth, Cumberland, Falmouth, Gorham, Raymond, Standish and Windham, hereinafter referred to in this Act as the "participating municipalities", all for the purpose of providing treatment facilities, trunk sewers, interceptor lines, force mains, outfalls, and pumping stations for the transmission and disposal of waste water wastewater and sewage received from municipal collection systems.
Sec. 4. P&SL 1907, c. 433, §4, as repealed and replaced by P&SL 1975, c. 84, is amended to read:
Sec. 4. Authority to construct and maintain. The district is authorized to lay in, along, under and through the streets, roads, ways and highways and tidal waters, lakes, ponds, rivers and water courses in the Cities of Portland, South Portland and Westbrook, and the Towns of Cape Elizabeth, Cumberland, Falmouth, Gorham, Raymond, Scarborough, Standish and Windham, and across private lands therein in those cities and towns, and to maintain, repair and replace all such the pipes, aqueducts, lines, drains, conduits, interceptor lines, trunk sewers, force mains, outfalls, outlets, and fixtures and appurtenances and to construct, operate, maintain and replace such the pure water, disposal, treatment and purification facilities and appurtenances, as may be necessary and convenient for the district in carrying out the foregoing powers purposes of this Act.
Sec. 5. P&SL 1907, c. 433, §18, first ¶, as amended by P&SL 1991, c. 89, §2, is further amended to read:
Sec. 18. Board of trustees. The affairs of the district are managed by a board of trustees composed of 11 members, 4 of whom are elected by a plurality of voters of the City of Portland, 2 by a plurality of the voters of the City of South Portland, one by a plurality of the voters of the City of Westbrook, 2 by a plurality of the voters of the Towns of Gorham, Scarborough and Cape Elizabeth and 2 by a plurality of the voters of the Towns of Cumberland, Falmouth, Raymond and Windham.
Sec. 6. P&SL 1907, c. 433, §18, 2nd ¶, as amended by P&SL 2001, c. 7, §1, is further amended to read:
Trustees are elected for a term of 5 years at elections as described in this paragraph. Trustees elected from the City of Portland are elected at the City of Portland's regular municipal elections in November. Trustees elected from the City of South Portland, the City of Westbrook, the Town of Cape Elizabeth, the Town of Gorham and the Town of Scarborough are elected at elections on the first Tuesday after the first Monday of November. Trustees elected from the Town of Cumberland, the Town of Falmouth, the Town of Raymond and the Town of Windham are elected on the mutually coincident municipal elections within those towns in the Town of Cumberland, the Town of Falmouth and the Town of Windham in June, but, if there is not a mutually coincident municipal election date, then on the 2nd Tuesday of June. The Town of Raymond shall hold a special town meeting to elect the trustees on the same day that the Town of Cumberland, the Town of Falmouth and the Town of Windham hold their coincident municipal elections to elect the trustees from those towns. Costs for any trustee election held concurrently with a federal, state or municipal election are divided between the municipality and the district. When there is a division of costs, the district is responsible for the costs proportional to the total number of offices and referenda issues voted upon at the election. If an election for a trustee results in a tie vote, the other trustees shall select the person who becomes a trustee.
Sec. 7. P&SL 1907, c. 433, §18, 3rd ¶, as amended by P&SL 1991, c. 89, §3, is further amended to read:
All nominations of candidates to be elected from the cities of Portland, South Portland and Westbrook must be made by nomination papers signed in the aggregate for each candidate by not less fewer than 100 nor more than 150 qualified voters of such city. All nominations of candidates to be elected from the area consisting of either Cape Elizabeth, Scarborough and Gorham, or Cumberland, Falmouth, Raymond and Windham must be made by nomination papers signed in the aggregate for each candidate by not less fewer than 35 nor more than 50 of the voters of each of the towns within that area. Each voter signing a nomination paper shall make the voter's signature in person and add to it the voter's place of residence, and each voter may subscribe to as many nominations as there are trustees to be elected in the voter's area and no more. Nomination papers must be submitted to each municipal clerk of the municipalities in that area coterminously with the municipal filing date.
Sec. 8. Transition. Trustees of the Portland Water District elected by a plurality of the voters of the towns of Cumberland, Falmouth and Windham prior to the effective date of this Act and serving on the effective date of this Act continue to serve until their successors are elected and take office in accordance with this Act.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 25, 2001.
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