An Act To Authorize Portions of the City of Caribou to Secede and Form the Town of Lyndon

PART A

Sec. A-1. Separation of certain portions of the City of Caribou and incorporation as Town of Lyndon. Subject to a referendum election held in accordance with section 2 of this Part, the following territory now within the City of Caribou and Aroostook County, together with the inhabitants of that territory, is separated and set off from the City of Caribou and incorporated into a separate town by the name of the Town of Lyndon: certain portions of the City of Caribou, referred to in this Act as "the Lyndon territory." The Town of Lyndon remains within Aroostook County.

The boundaries of the Town of Lyndon are described as follows: Lyndon's southwest town line begins at a point on the Caribou/Washburn town line at latitude 46.81538 and longitude -68.05818, it then follows the Caribou/Washburn town line south to a point that intersects with the Caribou/Presque Isle Municipal line located at latitude 46.7770 and longitude -68.05687, it then turns east and follows the Caribou/Presque Isle town line to a point being Lyndon's southeast corner abutting the Township of Fort Fairfield at a point of latitude 46.77946 and longitude of -67.91955, then north along the Caribou/Fort Fairfield town line to the intersection of the Limestone town line at latitude 46.86591 and longitude -67.91920, then west along the Caribou/Limestone town line to a point of latitude 46.86638 and longitude -67.92709, then north along the Caribou/Limestone town line to a point of intersection where the boundary lines of the four towns of Caribou, Limestone, Caswell and the unorganized township of Connor meet, at latitude 46.95785 and longitude -67.92950. From this point the town line of Lyndon extends westerly along the Caribou/Connor boundary to a point of intersection with the town line of New Sweden at latitude 46.95574 and longitude -68.06271, it then goes south along the Caribou/New Sweden then Woodland town line to a point of latitude 46.88072 and longitude -68.06120. From here, Lyndon's town line turns easterly and extends to a point on the east side of the former Bangor and Aroostook Railroad tracks, now the property of the State of Maine, located at latitude 46.88150 and longitude -67.99563. It then goes south by southeast following the eastern edge of the old rail bed to a point on the center line of Maine State Highway 89, also known as the Access Highway, at latitude 46.87449, longitude -67.98872. The line then goes east-northeast along said center line of Highway 89 to a point of latitude 46.87505 and longitude -67.97542. Here the line turns south, following a right-of-way, then crossing the railroad tracks and continuing across the Aroostook River to a high-water mark on its southerly bank to a point located at latitude 46.87044 and longitude -67.97615. It then follows the high-water mark southwest then south along the Aroostook River's eastern bank to a point at latitude 46.81702 and longitude -67.98546. Lyndon's town line then turns west crossing the Aroostook River and goes to a point along the eastern edge of U.S. Route 1 to a point of latitude 46.81654 and longitude -67.99490. The line then goes west and slightly north crossing said highway to a point on the western edge of U.S. Route 1 to the northeast corner of Lot 4F Caribou Tax Map 5 located at latitude 46.81690 and longitude -67.9967, it then goes west/southwest following the northern boundary line of lot 4F to a point 2 rods from the center line of the eastern side of Main Street at latitude 46.81628 and longitude -67.99816. The town line then goes west by northwest crossing Main Street to latitude 46.81365 and longitude -67.99851, the northeast corner of Lot 10C on Caribou Tax Map 5. The town line then goes westerly to the Caribou/Washburn town line to its point of beginning at latitude 46.81537 and longitude -68.05818.

Sec. A-2. Referendum election. This Part takes effect no sooner than 30 days after completion of agreement or arbitration of debts and assets between the Lyndon territory and the City of Caribou in Part B to permit its submission to the voters of the Lyndon territory at a special referendum election to be held on January 10, 2018. Warrants must be issued for this election notifying the qualified voters to vote on the approval or rejection of this Part.

For the purposes of this referendum election, all persons resident and legally registered to vote within the Lyndon territory are eligible to vote on the question with respect to the separation of the Lyndon territory from the City of Caribou.

The city clerk of the City of Caribou shall prepare the required ballots on which the subject matter of this Act must be reduced to the following question:

"Do you favor the separation of certain portions of the City of Caribou from the City of Caribou and their incorporation as the Town of Lyndon?"

The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their vote on this question.

The referendum election must be conducted by the city clerk of the City of Caribou, who shall declare the result of the election. After the polls close and after a ballot inspection and recount, if one is necessary, the city clerk's declaration of the election results is final, subject to review by the Superior Court for the County of Aroostook and located in the City of Caribou. The city clerk shall file the results of the referendum election with the Secretary of State. The Lyndon territory shall reimburse the City of Caribou for the reasonable and necessary administrative costs the City of Caribou incurs in conducting this referendum election.

Sec. A-3. Effective date of separation. If a majority of those voting in the referendum under section 2 of this Part approve the question, this Part takes effect with respect to the Lyndon territory and the Lyndon territory is separated from the City of Caribou and is incorporated as the Town of Lyndon on July 1, 2018.

Sec. A-4. Provision for first meeting. If a majority of those voting in the referendum under section 2 of this Part approve the question, within 30 days after the election a justice of the peace or notary public may issue a warrant to a legal voter in the Lyndon territory directing that legal voter to notify the inhabitants within the Lyndon territory of a public meeting to select 5 transition representatives by written ballot. Notice of the public meeting must be provided to the inhabitants at least 7 days prior to the meeting.

Effective immediately after the election, the transition representatives selected at the meeting are vested with the powers to represent the future Town of Lyndon and to enter into letters of intent and memoranda of understanding for the establishment of its local government, to negotiate interlocal agreements and to engage in other necessary transition activities.

Any agreements made by the transition representatives must be presented for ratification by the Town of Lyndon's legislative body after the incorporation of the Town of Lyndon. The term of the transition committee members expires July 31, 2018.

Within 30 days prior to July 1, 2018, a justice of the peace or notary public may issue a warrant to a legal voter in the future Town of Lyndon directing that legal voter to notify the inhabitants of a public meeting to select municipal officers and school board members and to transact municipal business, to be held at a time and place specified in the warrant. Notice to the inhabitants must be provided at least 7 days prior to the meeting. Effective July 1, 2018, municipal officers and school board members selected at the meeting are vested with all the powers and duties that other duly elected municipal officers and school board members have, including the power to raise, borrow and spend money.

Sec. A-5. Form of government. If a majority of those voting in the referendum under section 2 of this Part approve the question, the Town of Lyndon will be incorporated and separated from the City of Caribou on July 1, 2018 and shall adopt the town meeting as its form of government.

This Act does not prevent the Town of Lyndon from subsequently voting to change its form of government without the necessity of a further act of the Legislature.

Sec. A-6. Allocation of debts and assets. If the Town of Lyndon is incorporated and is separated from the City of Caribou on July 1, 2018, the Town of Lyndon shall assume its just and due proportion of the debts of the City of Caribou and must receive the same proportion of the assets of the City of Caribou, including property taxes collected from July 1, 2017 to June 30, 2018. Any debt or any asset may be excluded upon agreement of both parties.

Sec. A-7. Sewage treatment services. If the Lyndon territory is separated from the City of Caribou and is incorporated as the Town of Lyndon, the Caribou Utilities District shall provide wastewater and sewage services to the Town of Lyndon in accordance with the district's charter. The allocation of financing, operating and maintenance costs and any other costs related to wastewater and sewage collection, interception and treatment under this section must be consistent with the Caribou Utilities District charter, except that, if agreement is not reached between the Town of Lyndon and the City of Caribou, the arbitration panel established pursuant to Part B, section 2 may allocate or reallocate between the City of Caribou and the Town of Lyndon any of the financing, operating and maintenance costs and any other costs related to wastewater and sewage collection in its total allocation of debts and assets.

If the Town of Lyndon fails to make necessary payments on any bonded indebtedness and interest for the wastewater and sewage collection facilities allocated to the Town of Lyndon pursuant to section 6 of this Part, the City of Caribou shall pay the principal and interest on any bonds issued by the Caribou Utilities District prior to July 1, 2018. If the City of Caribou makes such payments, the Town of Lyndon shall reimburse the City of Caribou those payments and the City of Caribou has a cause of action against the Town of Lyndon for any unpaid amount of those payments.

Sec. A-8. Water rates. If the Town of Lyndon is incorporated and is separated from the City of Caribou, the Caribou Utilities District shall provide water service to the Town of Lyndon in accordance with the district's charter and may charge rates in accordance with the provisions of the Maine Revised Statutes, Title 35-A, chapter 61.

PART B

Sec. B-1. Other duties and responsibilities. Projected debts, assets and property taxes for the period June 30, 2017 to July 1, 2018 must be allocated between the City of Caribou and the Town of Lyndon as set forth in Part A, section 6. The City of Caribou and the Town of Lyndon shall allocate other duties and responsibilities between themselves as they mutually determine to be necessary and appropriate and shall negotiate with each other in good faith.

Sec. B-2. Agreement binding; binding arbitration. Negotiations under section 1 of this Part must be completed by November 1, 2017. This deadline may be extended by mutual agreement of the City of Caribou and the Town of Lyndon. If the parties reach agreement by the date agreed upon by the parties, the agreement must be reduced to writing and is final and binding on the City of Caribou and the Town of Lyndon upon incorporation of the Town of Lyndon on July 1, 2018, if the referendum question in Part A, section 2 is approved.

If the parties do not reach agreement by November 1, 2017, the parties shall submit any matters remaining in dispute to a panel of arbitrators and shall reduce to writing all matters agreed upon. The panel of arbitrators consists of one arbitrator selected by the City of Caribou, one arbitrator selected by representatives of a committee for the secession of the City of Caribou and one neutral arbitrator selected jointly by the other 2 arbitrators. Each party shall pay the cost of the arbitrator it chooses; the costs of the neutral arbitrator must be apportioned and paid equally by the City of Caribou and the Lyndon territory. Determination of disputed matters by the panel of arbitrators is final and binding on the parties. The arbitration must be administered under the auspices of the American Arbitration Association and, except for the selection of arbitrators, is governed by the commercial rules and procedures of the American Arbitration Association. The concept of "last best offer" must be used. These issues must be resolved no later than December 1, 2017.

Sec. B-3. Educational needs. Upon the date of its secession from the City of Caribou and incorporation as the Town of Lyndon, the Town of Lyndon remains part of Regional School Unit 39 or its successor and pays its proportional share of costs, including transportation service costs, unless or until such time as it withdraws from the regional school unit in accordance with applicable state law. No further referenda, legislation or dispensations by the State or any of its officers, departments or agencies is required of the Town of Lyndon to effect the provisions of this section.

PART C

Sec. C-1. Hold harmless provision and enforcement. The municipal officers, municipal officials and residents of the City of Caribou and the Town of Lyndon and all their agents are immune from liability for any action taken as a result of this Act. The City of Caribou and the Town of Lyndon, or their successors in interest, may enforce this Act by civil action in Superior Court. In any action between the City of Caribou and the Town of Lyndon, the court shall award reasonable attorney's fees to the prevailing party.

Sec. C-2. Equal rights. After the separation and incorporation of the Town of Lyndon, residents of the Town of Lyndon and the City of Caribou continue to enjoy equal access to municipally owned public lands for travel, recreation and related activities and enjoy all the rights and privileges they enjoyed before the separation, just as residents of other towns and municipalities enjoy.

summary

This bill authorizes the incorporation of certain portions of the City of Caribou into the Town of Lyndon if the legal residents of those parts approve, by referendum, separation from the City of Caribou and incorporation as a separate town. The bill clarifies the binding arbitration process and specifies the liability and rights of the City of Caribou and the Town of Lyndon. The meets and bounds describing the proposed Town of Lyndon have not been verified by a licensed professional land surveyor.