An Act To Amend the Charter of the Boothbay Harbor Sewer District
Maine Legislature, Session 122, LD 0499
Committee: Utilities and Energy
Sponsors: BISHOP, DOW

Legislative Document 
No. 499 
H.P.374 
House of Representatives, February 1,2005 
An Act To Amend the Charter of the Boothbay Harbor Sewer 
District 
(EMERGENCY) 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative BISHOP of Boothbay. 
Cosponsored by Senator DOW of Lincoln. 
Printed on recycled paper 
/il~ 
frl.1l!t/£~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, 
the 
Boothbay 
Harbor 
Sewer 
District 
is 
a 
quasi-municipal corporation organized and existing under the laws 
of the State; and 
Whereas, certain residences and businesses in the Town of 
Boothbay have private, on-site sewage disposal systems that are 
inadequate; and 
Whereas, the Town of Boothbay and the Boothbay Harbor Sewer 
District believe it is in their best interests to extend the 
territory of the Boothbay Harbor Sewer District to serve the Town 
of Boothbay; and 
Whereas. in the judgment of the Legislature, these facts 
create an emergency wi thin 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 1961, c. 161, §1, as amended by P&SL 1993, c. 59, 
§1, is further amended to read: 
Sec. 1. Territorial limits: incorporation. 
The terr i torYT and the 
inhabitants sae~e~BT of the Town of Boothbay Harbor in the County 
of Lincoln and the territorYT and the inhabitants 
t:;ae~e~BT of 
t:;aas---p-M'-t.--e~ the Town of BoothbaYT in the County of LincolnT 
wa~ea-~~-~~~&&r~&e4-as-~e~~ew~~--~~~~-&-~eiBt:; 
iB-~~~~~~~-~ae-~~~~~~~~~-~eyeF-Re~4-~~~&~-Re~t:;e 
6+~-~ReR€e-~~~~~-~~i&t~~~-6TGGG-~ee~7-~€-~--~r-~e-a 
~eiBsf--t.~-&e~~RWe&~eF±y-~-G~&~&Be&-e~--~~-~ee~7-~~-eF 
lessT-~e-~Re-~~-~~--t.~~-~~r-~~-W&&~r±y-aleB~-t:;Re 
sewB-~~~-&-~~~~€-~~-~7QQQ-~~r-meFe-~--~&&r-~e-~-~eiBt:;f 
saeBee-~-t.~~~-a-~~~€-~~-~~~~~--~~r-me~e-~--lessT--t.~-a 
~eiBsf-~aeBee-e~~~e~~Y-~~~~~-~~-~~r~r&-eF-lessT-t:;e 
t:;ae-~eiBs-e~-Be~iBBiB~T constitute a public sewerage district and 
a body politic and corporate under the name of "Boothbay Harbor 
Sewer District." 
The purpose of this district, subject to the 
provisions of section 10, is to take over, control, operate and 
manage the sewers now owned by the Town of Boothbay Harbor with 
all 
appurtenances 
thereto; 
to 
extend, 
increase, 
enlarge 
and 
improve these sewers; to extend the present system or systems so 
as to furnish sewerage facilities to parts of the district not 
now served with those facilities; to provide for 
removal and 
treatment 
of 
sewage 
when, 
as 
and 
if 
that 
treatment 
Page l-LR1089 (1) 
becomes necessary; and generally to construct, maintain, operate 
and provide 
a 
system of sewerage, 
sewage disposal and sewage 
treatment 
for 
public 
purposes 
and 
for 
the 
health, 
welfare, 
comfort and convenience of the inhabitants of the district. 
Sec. 2. P&SL 1961, c. 161, §17, 2nd sentence, as amended by P&SL 
1991, c. 81, §1, is further amended to read: 
The 
total 
indebtedness 
of 
the 
district 
at 
anyone 
time 
outstanding may not exceed the sum of $STSQQTQQQ $8,500,00Q. 
Sec. 3. 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 
voters of the Town of Boothbay Harbor and the Town of Boothbay at 
an election to be called and held for that purpose by December 
31, 2005. 
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 questions. 
Question A, which is to be 
submi tted to the voters of the Town of Boothbay Harbor and the 
Town of Boothbay, must read as follows: 
Question A: 
"Do you favor extending the territory of the 
Boothbay Harbor Sewer District to include all of the territory of 
the Town of Boothbay?" 
Question B, which is to be submitted to the voters wi thin the 
Boothbay Harbor Sewer District, must read as follows: 
Question B: 
"Do 
you favor 
amending 
Sewer District charter 
by 
increasing 
the 
district from $5,500,000 to $8,500,000?" 
the Boothbay 
debt 
limit 
Harbor 
of 
the 
Section 
of 
this 
Act 
takes 
effect 
for 
all 
purposes 
immediately upon acceptance of Question A by a majority of the 
voters of the Town of Boothbay Harbor and a majority of the 
voters of the Town of Boothbay. 
Failure to achieve the necessary 
approval does 
not prevent subsequent elections held prior to 
December 31, 2006. 
Section 2 of this Act takes effect for all 
purposes immediately upon acceptance of Question B by a majority 
of the voters of the Boothbay Harbor Sewer District voting at the 
election. 
Failure to achieve the necessary approval does not 
prevent subsequent elections held prior to December 31, 2006. 
The 
results 
of 
the 
elections 
must 
be 
declared 
by 
the 
municipal officers of the 
towns 
and 
due certificates of the 
elections must be filed by the town clerks with the Secretary of 
State. 
SUMMARY 
This bill extends the territory of the Boothbay Harbor Sewer 
District 
to 
include 
all 
of 
the 
territory 
of 
the 
Town 
of 
Boothbay. 
The bill also increases the debt limit of the Boothbay 
Harbor Sewer District from $5,500,000 to $8,500,000.