CHAPTER 74
H.P. 1856 - L.D. 2592
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation requires referendum approval before it can take effect; and
Whereas, this referendum is connected with the Town of Kennebunk town meeting to be held on June 13, 2000; and
Whereas, unless this legislation is enacted before that date, the referendum will require a special election, which would be a considerable financial burden to the Town of Kennebunk; 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. P&SL 1955, c. 69, §1, as amended by P&SL 1999, c. 11, §1 and affected by §2, is further amended by inserting after the first paragraph a new paragraph to read:
The district is authorized to provide service outside the territory of the district to school buildings and facilities owned by Maine School Administrative District No. 71 and to municipal buildings and facilities owned by the Town of Kennebunk and may own such easements, rights-of-way, sewer lines and other facilities as are necessary or convenient to provide that service as long as the costs of locating and constructing sewer facilities located outside the boundaries of the district for that purpose are borne entirely by Maine School Administrative District
No. 71 or the Town of Kennebunk and that any sewer facilities located outside the boundaries of the district for that purpose are used only by Maine School Administrative District No. 71 or the Town of Kennebunk.
Sec. 2. P&SL 1955, c. 69, §2 is amended to read:
Sec. 2. Authority to contract and maintain. Within said territory and outside the territory to serve buildings and facilities owned by Maine School Administrative District No. 71 and the Town of Kennebunk, said Kennebunk Sewer District is hereby authorized to lay pipes, drains, sewers and conduits, and to take up, repair and maintain the same or to contract for the same to be done, in and along the public ways, private ways and public grounds, and through lands of any person or corporation as hereinafter provided in this Act, to and into tidal waters, rivers, watercourses or filtration plants or to or into any drain or sewer now or hereafter built which that empties into tidal waters, rivers or into any watercourse or filtration plant, the discharge therefrom from the watercourse or filtration plant to be at such points consistent with the requirements of public health as shall be found convenient and reasonable for said district and the flow of existing watercourses; also to construct and maintain filtration plants, pumping stations, basins, reservoirs, flush tanks and such other appliances for collecting, holding, purifying, distributing and disposing of sewage matter and surface or waste waters as may be necessary and proper; and in general, do any or all things incidental to accomplish the purposes of this act Act.
Sec. 3. P&SL 1955, c. 69, §8, as amended by P&SL 1985, c. 97, §4, is further amended to read:
Sec. 8. Rights and obligations of abutters or others to enter. Any person may enter his that person's private sanitary sewer into any sewer of the district located within the territory of the district while the same is under construction and before completion of the sewer at the point of entry on obtaining a permit in writing from the trustees; but after the sewer is completed to the point of entry, no a person may not enter his that person's private sanitary sewer into the sewer located within the territory of the district until he that person has paid the entrance charge and obtained a permit in writing from the trustees as aforesaid. All such permits shall must be recorded by the district in its records before the same are issued.
The owner, or persons in possession, or against whom taxes are assessed, of all buildings or premises intended for human habitation, occupancy or use, abutting on a street located within the territory of the district in which there is a sewer maintained by this district, or if the buildings stand on premises which that are benefited and to which sewer service is available, shall connect with the sewer in the most direct manner possible within 90 days after receiving notice thereof from the sewer district, or within such further time as its trustees may grant, except as otherwise provided in the Maine Revised Statutes, Title 38, section 1252, subsection 3.
Sec. 4. 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 within the Town of Kennebunk at the next regular town election to be held on June 13, 2000 or at a special town meeting to be called and held for the purpose within 3 months of the approval of this Act. This 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 town clerk to post a new list of voters. For the purpose of registration of voters, the registrar of voters must be in session on the secular day next preceding the election. The town clerk of the town shall prepare the required ballots, on which the town clerk shall reduce the subject matter of this Act to the following question:
"Do you favor authorizing the Kennebunk Sewer District to provide sewer service to school buildings and facilities owned by Maine School Administrative District No. 71 and municipal buildings and facilities owned by the Town of Kennebunk located outside the territory of the sewer district as long as the costs of locating and constructing any sewer facilities located outside the territory of the sewer district for that purpose are paid for and used only by Maine School Administrative District No. 71 or the Town of Kennebunk?"
The voters shall indicate by a cross or check mark placed against the words "Yes" or "No" their opinion of the same.
The result of the vote must be declared by the municipal officers of the Town of Kennebunk and due certificate must be filed by the town clerk with the Secretary of State.
Effective pending referendum.
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