Maine Code § 38-1754

Guarantee by municipalities of district bonds and notes
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1. Guarantee of bonds and notes. Subject to approval by a vote of the inhabitants of the district,
as provided in subsection 2 or 3, the district board of directors may provide by resolution for the
issuance, at one time or from time to time, of guaranteed notes and bonds of the district for any purpose
for which the district may issue debt. Except as otherwise provided, notes and bonds issued by the
district, in accordance with this section, must be authorized, issued and sold in the same manner as and
subject to the other provisions of this subchapter relating to notes and bonds. The principal, premiums,
if any, and interest on notes and bonds issued under this section must be guaranteed by the member
municipalities of the district and the full faith and credit of the member municipalities must be pledged
for the guarantee provided in this section. The share of liability of each member municipality for the
guaranteed notes and bonds must be established in accordance with either the valuation method
established under subsection 4, paragraph A or the per capita method established under subsection 4,
paragraph B.
[PL 1993, c. 11, §4 (AMD).]
2. Application of guarantee. The guarantee provided for under this section shall apply to notes
and bonds of the district designated by the district board of directors under subsection 1, if, at the time
of district formation under section 1721, the inhabitants of the proposed member municipalities of the
district confer that authority upon the board of directors and establish a ceiling or limit on the aggregate
amount of notes and bonds guaranteed by member municipalities which may be issued by the district
under this section. The referendum ballot to form the district shall include a statement listing each
member municipality's fractional share of liability for guaranteed notes and bonds which may be issued
under this section.
The articles to be voted upon shall be in substantially the following form:
A. To see if the residents of the town (or city) of (name of town or city) will authorize the board
of directors of (name of district or proposed district) to issue notes (or bonds) of the district which
will be guaranteed in part by (name of municipality) and to which guarantee will be pledged the
full faith and credit of (name of municipality). [PL 1983, c. 820, §2 (NEW).]
B. To see if the residents of the town (or city) of (name of town or city) will establish a ceiling in
the aggregate amount of $ on guaranteed notes (or bonds) which may be issued by (name of
district or proposed district). [PL 1983, c. 820, §2 (NEW).]
C. To see if the residents of the town (or city) of (name of town or city) will authorize the board
of directors of (name of district or proposed district) to proportionally allocate liability for notes
(or bonds) of the district based on the (most recent state valuation of property, or the most recent
census of residents) of (name of town or city). [PL 1993, c. 11, §5 (NEW).]
[PL 1993, c. 11, §5 (AMD).]
3. Authority to issue guaranteed notes and bonds; referendum. If the referendum vote
establishing the district does not confer authority upon the board of directors to issue guaranteed notes
and bonds, a subsequent referendum may be held in which these questions are submitted to the
inhabitants of each municipality comprising the district for a vote. Where a vote is taken under this
subsection after formation of the district, the votes shall be counted in each municipality and the
affirmative vote of a simple majority of votes cast shall be required in each municipality in order for
the article to pass. The referendum vote to form the district shall include a statement listing each
member municipality's fractional share of liability for guaranteed notes and bonds which may be issued
under this section.
The articles to be voted upon shall be in substantially the same form as the articles under subsection 2.
[PL 1983, c. 820, §2 (NEW).]

4. Establishing share of liability among members. A district shall establish the share of liability
of each member municipality for guaranteed notes and bonds issued under this section as either:
A. A fraction, the numerator of which is the most recent state valuation of all property within the
member municipality and the denominator of which is the most recent state valuation of all property
located within the member municipalities of the district; or [PL 1993, c. 11, §6 (NEW).]
B. A fraction, the numerator of which is the most recent census of all residents of the member
municipality and the denominator of which is the most recent census of all residents of the member
municipalities of the district. [PL 1993, c. 11, §6 (NEW).]
The fractional method used to establish the share of liability for guaranteed notes and bonds must be
the same for all of the district's member municipalities.
[PL 1993, c. 11, §6 (NEW).]
5. Changes in method for sharing liability apply prospectively. The fractional share of liability
among member municipalities in effect at the time a guaranteed note or bond is issued is the fractional
share of liability in effect for the term of that note or bond. An article authorizing a district to issue
guaranteed notes or bonds may be amended to change the method used by that district to allocate
liability for bonds and notes only by submitting that question to the inhabitants of the district in the
same manner as that prescribed in this section. If a change in the method used to allocate liability for
bonds and notes is approved by the inhabitants of the district, the new method of allocation is effective
only for notes or bonds issued after the date the change is approved by the inhabitants of the district.
[RR 1993, c. 1, §135 (COR).]

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