Private & Special Laws

Chapter 34

S.P. 807 - L.D. 2117

An Act To Create the Starboard Water District

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

Whereas,  water in the Town of Machiasport has been contaminated from a former radar transmission station and this poses a serious threat to the health and well-being of the inhabitants in the area; and

Whereas,  an adequate supply of water is essential to the health and well-being of the inhabitants of the Town of Machiasport; 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,

Sec. 1. Territorial limits; corporate name. Pursuant to the Maine Revised Statutes, Title 35-A, chapter 64, that part of the Town of Machiasport described as follows: starting at a point located at 44º37.32'N 067º23.4'W, thence west to a point located at 44º 37.32'N 067º 24.3'W, thence northwesterly to Hickey Road at a point located at 44º 37.6'N 067º 24.38'W, thence following Hickey Road northeasterly to a point located at 44º 38.14'N 067º23.7'W, thence northerly to a point located at 44º 39.4'N 067º 23.4'W, thence east to a point located at 44º 39.4'N 067º 23.09'W, thence southeast to Smalls Point Road at a point located at 44º 38.91'N 067º 22.96'W, thence following Smalls Point Road southeasterly to a point located at 44º 38.56'N 067º 22.83'W, thence southeasterly across Bucks Neck to a point located at 44º 38.48'N 067º 22.8'W, thence southwesterly across Bucks Harbor to a point located at 44º 38.21'N 067º 22.88'W, thence south to a point located at 44º 37.71'N 067º 22.9'W, thence southwesterly to the starting point; and its inhabitants constitute a standard district under the name "Starboard Water District," referred to in this Act as "the district."

Sec. 2. Powers; authority; duties. The district has all the powers and authority and is subject to all the requirements and restrictions provided in the Maine Revised Statutes, Title 35-A, chapter 64.

Sec. 3. Power to take water. For purposes of its incorporation, the district is authorized to use the water on property owned by the district and has the authority to negotiate for water outside the district but within the Town of Machiasport.

Sec. 4. Number of trustees. The board of trustees of the district is composed of 5 trustees.

Sec. 5. Election of first board. The first board is elected in an election called by the municipal officers of the Town of Machiasport within 6 months of approval of this Act by the voters in accordance with this Act. The terms of the first board are governed by the Maine Revised Statutes, Title 35-A, section 6410.

Sec. 6. Terms of trustees. After the election of the first board, trustees are elected to 3-year terms.

Sec. 7. 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 territory described in section 1 of this Act at an election called for that purpose and held by July 1, 2010. The election must be called by the municipal officers of the town and be held at the regular voting places. 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 the secular day preceding the election. The subject matter of this Act is reduced to the following question:

"Do you favor creating the Starboard Water District?"

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 Machiasport and due certificate of the results filed by the clerk with the Secretary of State.

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, as long as the referenda are held prior to July 1, 2010.