CHAPTER 24
H.P. 1538 - L.D. 2193
An Act to Allow the Fort Kent Utility District to be Dissolved and Combined With the Town of Fort Kent
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Fort Kent Utility District was created by Private and Special Law 1991, chapter 103; and
Whereas, the district wishes to dissolve its charter and transfer its operations to the Town of Fort Kent; and
Whereas, it is imperative that action be taken as early as possible to allow for continuity of services provided by the Fort Kent Utility District; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 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. Town of Fort Kent's acquisition of property of Fort Kent Utility District. The Town of Fort Kent acquires, under the terms contained in this Act, all of the plant, properties, assets, franchises, rights and privileges owned by the Fort Kent Utility District, including, without limitation, lands, buildings, waters, water rights, springs, wells, filtration plants, reservoirs, tanks, standpipes, mains, pumps, pipes, machinery, fixtures, hydrants, meters, services, tools, equipment and appliances used or useful in supplying water for domestic, sanitary, commercial, industrial and municipal purposes; and all sewers, reservoirs, flush tanks, manholes, catch basins, filtration plants, pumping stations and other appliances and property used or usable for collecting, holding, purifying and disposing of sewage matter and waste waters.
The consideration paid is the assumption by the Town of Fort Kent of all of the outstanding debts, obligations and liabilities of the Fort Kent Utility District, including, without limitation, the assumption by the town of any outstanding notes or bonds of the Fort Kent Utility District that are due on or after the date of transfer.
Sec. 2. Fort Kent Utility District required to sell property to town. The Fort Kent Utility District, a quasi-municipal corporation organized and existing pursuant to Private and Special Law 1991, chapter 103, under the terms contained in this Act shall sell, transfer and convey to the Town of Fort Kent by appropriate instruments of conveyance all of the Fort Kent Utility District's plants, properties, assets, franchises, rights and privileges, including, without limitation, lands, buildings, waters, water rights, springs, wells, reservoirs, tanks, standpipes, mains, pumps, pipes, machinery, fixtures, hydrants, meters, services, tools, equipment and appliances used or useful in supplying water for domestic, commercial, industrial and municipal purposes; and all sewers, reservoirs, flush tanks, manholes, catch basins, filtration plants, pumping stations and other appliances and property used or usable for collecting, holding, purifying and disposing of sewage matter and waste waters in consideration of the assumption by the Town of Fort Kent of all of the outstanding debts, obligations and liabilities of the Fort Kent Utility District, including, without limitation, the assumption of any outstanding notes or bonds of the Fort Kent Utility District that are due on or after the date of transfer.
Sec. 3. Approval of Public Utilities Commission. The transfer by the Fort Kent Utility District of its plant, properties, assets, franchises, rights and privileges and the assumption by the Town of Fort Kent of all outstanding debts, obligations and liabilities of the Fort Kent Utility District pursuant to sections 1 and 2 and the subsequent use of the plants, properties, assets, franchises, rights and privileges by the town within the limits of the district are subject to the approval of the Public Utilities Commission as may be required by the Maine Revised Statutes, Title 35-A, Part 1.
Sec. 4. Contracts of Fort Kent Utility District. All contracts between the Fort Kent Utility District and any person, firm or corporation relating to supplying water or sewer service that are in effect on the date of the transfer by the district to the Town of Fort Kent are assumed and carried out by the town.
Sec. 5. Dissolution and termination of Fort Kent Utility District; pledge of revenues. If all debts, obligations and other liabilities of the Fort Kent Utility District are paid in full and discharged or the holders or owners of all debts, obligations and other liabilities that have not been paid in full and discharged have assented to the assumption of the debts, obligations and other liabilities by the Town of Fort Kent and to the notation and substitution of the town as obligor in place of the Fort Kent Utility District, when the transfer of properties pursuant to sections 1 and 2 is complete, the clerk of the Fort Kent Utility District shall file a certificate to that effect with the Secretary of State and the corporate existence of the Fort Kent Utility District terminates. After filing the certificate with the Secretary of State, the clerk of the Fort Kent Utility District shall submit legislation to repeal Private and Special Law 1991, chapter 103.
Until the corporate existence of the Fort Kent Utility District is terminated pursuant to this section, the gross revenues derived by the Town of Fort Kent from the sale of water and sewer service within the area comprising the limits of the district must be applied first to the payment of expenses and 2nd to payments of debts, obligations and other liabilities of the Fort Kent Utility District assumed by the town pursuant to this Act.
Sec. 6. Existing laws not affected; rights conferred subject to provisions of law. Nothing in this Act is intended to repeal or may be construed as repealing the whole or any part of any existing law and all the rights and duties described in this Act must be exercised and performed in accordance with all the applicable provisions of and amendatory acts to the Maine Revised Statutes, Title 35-A to the extent that Title and its amendments affect the operations of the district.
Sec. 7. 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 legal voters of the Town of Fort Kent at a special town meeting called and held for the purpose not later than December 31, 1999. The meeting must be called, advertised and conducted according to the law relating to municipal elections, except that the registrar of voters of the Town of Fort Kent is not required to prepare or the clerk to post a new list of voters. For the purposes of registration of voters, the registrar of voters in the Town of Fort Kent must be in session the secular day next preceding the election. The subject matter of this Act must be reduced to the following question:
"Do you favor the dissolution of the Fort Kent Utility District and the transfer of the district's assets to the Town of Fort Kent?"
The voters shall indicate by a cross or check mark placed against the words "Yes" or "No" their opinion of the same.
The results must be declared by the municipal officers of the Town of Fort Kent and due certificate of the results filed by the town clerk with the Secretary of State.
This Act takes effect for all the purposes immediately upon acceptance by a majority of the legal voters voting at the meeting only if the total number of votes cast for and against the acceptance of this Act at the meeting equal or exceed 15% of the total vote for all candidates for Governor cast in the Town of Fort Kent at the next preceding gubernatorial election, but failure of approval by the necessary percentage of voters at any meeting does not prohibit a subsequent meeting or meetings to be held for the purpose on or before July 1, 2000.
Effective pending referendum.
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