Maine Legislature, Session 122, LD 0389
Committee Amendment CA_A_H180 (House)
Amends: Title 38, Section 1251

COMMITTEE AMENDMENT ·A" to H.P. 291, L.D. 389, Bill, "An 
Act To Amend the Waldoboro Utility District" 
Amend 
the bill by 
striking out all of 
section 
and 
inserting in its place the following: 
. Sec. 4. P&SL 1963, c.146, §18, 3rd 1f is amended to read: 
The sewer rates, tolls, rents and entrance charges saa±± 
~ 
be so established as to provide revenue at least sufficient, 
together with 
any other 
available 
funds, 
for 
the 
following 
purposes: 
I. 
To 
pay 
the 
current 
expenses 
for 
operating 
and 
maintaining the sewerage, drainage and treatment system+ of 
the district; 
II. 
To 
provide 
for 
the 
payment 
of 
the principal of, 
premium, if any, and interest on 
~ae--indebt-ednef;.s--ef'eat:eEi 
all bonds and notes issued by the district as those bonds 
and notes become due and payable; 
III. 
To pf'eviEie-~~~-a-£~~~-~-Be~-~~~~-~% 
Bef'-~€-~~-~%-e~-~~~&~~~-~BEies~eEiBe66-~~~~-t:ae 
Eiist:f'ie~T-wh4€h-~~~~-~-~Qf'BeEi-4~~e-~~~~-~~aG-aBEi 
~aef'e--kep~--~~-~~~-~~--~~-~~~~~~~&bm&&~--9~--saiEi 
iBEiest:eEiBess create and maintain any reserves required by 
any trust agreement or resolution securing bonds and notes 
Page I-LR0980(2) 
COMMITTEE AMENDMENT 
tl.dS. 
COMMITTEE AMENDMENT Au to H.P. 291, L.D. 389 
and 
any 
reserve 
accounts 
the 
trustees 
may 
establish. 
including. but not limited to. capital improvement accounts. 
capital equipment accounts. credit reserve accounts. sinking 
fund accounts and capital dedicated reserve accounts. 
Money 
set aside for 
~ae--s-i-&Iri-~-..f-und--5fla,l,l--*-~-ed---t:-e--~ae 
Fe~~FemeR~-~--~ae-~~~-e~-~~-seweF-~~~~~~-aRa 
reserve 
accounts 
may 
be 
invested in such securities as 
savings banks in this State are allowed to hold; 
IV. 
I~-a£y-~~~-Femai»&-a~--t:~~-e~-~fle-~~--i-~-may 
Be-~~££~4-~~~~~-s-~Iri-~-~~RaT To provide funds for paying 
the cost of all necessary repairs. replacements and renewals 
of the 
sewerage. 
drainage and treatment 
systems of the 
district: and 
V. 
To payor provide for any amounts that the district is 
obligated to payor provide by law or contract, including 
any resolution or contract with or for the benefit of the 
holders of its bonds and notes. ' 
Further amend the bill by inserting after section 4 the 
following: 
'Sec. 5. P&SL 1963, c.146, §18, as amended by P&SL 1971, c. 61, 
is further amended by adding at the end a new paragraph to read: 
The 
adoption 
of 
rate 
schedules 
is 
governed 
by 
the 
requirements of the Maine Reyised Statutes. Title 38. section 
1252. subsection 1.' 
Further amend the bill by striking out all of the emergency 
clause and inserting in its place the following: 
'Sec. 6. Emergency clause; referendum; effective date. 
In view of 
the emergency cited in the preamble, this Act takes effect when 
approved, except that section 4 of this Act takes effect only for 
the purpose of permitting its submission to the voters of the 
Town of Waldoboro at an election to be called and held for that 
purpose by December 
31, 
2006. 
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 section 4 of this Act is reduced 
to the following question: 
COMMITTEE AMENDMENT 
", 
cl~ 
.!t. 
~ 
COMMITTEE AMENDMENT 'A" to H.P. 291, L.D. 389 
"Do you favor changing the charter of the Waldoboro Utility 
District to modify the purposes for which its rates are 
charged to allow for the creation of reserve accounts?" 
The voters shall indicate by a cross or check mark placed 
against the word "Yes" or "No" their opinion of the same. 
The 
results 
of 
the 
election 
must 
be 
declared 
by 
the 
municipal officers of 
the 
town 
and 
due 
certificate of 
the 
election must be filed by the town clerk with the Secretary of 
State. 
Section 
of 
this 
Act 
takes 
effect 
for 
all 
purposes 
immediately upon acceptance by a majority of the voters of the 
Town of Waldoboro. 
Failure to achieve the necessary approval 
does not prevent subsequent elections held prior to December 31, 
2006. ' 
SUMMARY 
This amendment replaces the section of the bill relating to 
the purposes for which the Waldoboro Utility District may collect 
rates. 
It conforms those purposes in general to those that 
govern the rates of sanitary districts under the Maine Revised 
Statutes, 
Title 
38, 
section 
1202 
but 
includes 
additional 
authority for the districts to establish reserve accounts, 
as 
proposed in the bill. 
The change in purposes for which the 
district may collect rates is made subject to referendum approval 
in the district. 
The amendment also provides a cross-reference 
to Title 38, Section 1251, which requires a notice and public 
hearing prior to the adoption of new rate schedules by a sewer 
district. 
COMMITTEE AMENDMENT