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This entry was published on 2014-09-22
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SECTION 2-A
Local indebtedness for water supply, sewage disposal and drainage facilities and purposes; allocations and exclusions of indebtedness
Constitution (CNS) CHAPTER , ARTICLE VIII
§ 2-a. Notwithstanding the provisions of section one of this article,
the legislature by general or special law and subject to such conditions
as it shall impose:

A. May authorize any county, city, town or village or any county or
town on behalf of an improvement district to contract indebtedness to
provide a supply of water, in excess of its own needs, for sale to any
other public corporation or improvement district;

B. May authorize two or more public corporations and improvement
districts to provide for a common supply of water and may authorize any
such corporation, or any county or town on behalf of an improvement
district, to contract joint indebtedness for such purpose or to contract
indebtedness for specific proportions of the cost;

C. May authorize any county, city, town or village or any county or
town on behalf of an improvement district to contract indebtedness to
provide facilities, in excess of its own needs, for the conveyance,
treatment and disposal of sewage from any other public corporation or
improvement district;

D. May authorize two or more public corporations and improvement
districts to provide for the common conveyance, treatment and disposal
of sewage and may authorize any such corporation, or any county or town
on behalf of an improvement district, to contract joint indebtedness for
such purpose or to contract indebtedness for specific proportions of the
cost;

E. May authorize any county, city, town or village or any county or
town on behalf of an improvement district to contract indebtedness to
provide facilities, in excess of its own needs, for drainage purposes
from any other public corporation or improvement district.

F. May authorize two or more public corporations and improvement
districts to provide for a common drainage system and may authorize any
such corporation, or any county or town on behalf of an improvement
district, to contract joint indebtedness for such purpose or to contract
indebtedness for specific proportions of the cost.

Indebtedness contracted by a county, city, town or village pursuant to
this section shall be for a county, city, town or village purpose,
respectively. In ascertaining the power of a county, city, town or
village to contract indebtedness, any indebtedness contracted pursuant
to paragraphs A and B of this section shall be excluded.

The legislature shall provide the method by which a fair proportion of
joint indebtedness contracted pursuant to paragraphs D and F of this
section shall be allocated to any county, city, town or village.

The legislature by general law in terms and in effect applying alike
to all counties, to all cities, to all towns and/or to all villages also
may provide that all or any part of indebtedness contracted or proposed
to be contracted by any county, city, town or village pursuant to
paragraphs D and F of this section for a revenue producing public
improvement or service may be excluded periodically in ascertaining the
power of such county, city, town or village to contract indebtedness.
The amount of any such exclusion shall have a reasonable relation to the
extent to which such public improvement or service shall have yielded or
is expected to yield revenues sufficient to provide for the payment of
the interest on and amortization of or payment of indebtedness
contracted or proposed to be contracted for such public improvement or
service, after deducting all costs of operation, maintenance and repairs
thereof. The legislature shall provide the method by which a fair
proportion of joint indebtedness proposed to be contracted pursuant to
paragraphs D and F of this section shall be allocated to any county,
city, town or village for the purpose of determining the amount of any
such exclusion. The provisions of paragraph C of section five and
section ten-a of this article shall not apply to indebtedness contracted
pursuant to paragraphs D and F of this section.

The legislature may provide that any allocation of indebtedness, or
determination of the amount of any exclusion of indebtedness, made
pursuant to this section shall be conclusive if made or approved by the
state comptroller.