CHAPTER 86
H.P. 1945 - L.D. 2689
An Act to Allow the St. Agatha Sanitary District to be Dissolved and Combined with the Town of St. Agatha
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the St. Agatha Sanitary District is a sanitary district created under the Maine Revised Statutes, Title 38, chapter 11 and a Certificate of Organization filed with the Department of Environmental Protection, dated May 26, 1967; and
Whereas, the district wishes to dissolve its charter and transfer its operations to the Town of St. Agatha; and
Whereas, it is imperative that action be taken as early as possible to allow for continuity of services provided by the St. Agatha Sanitary 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 St. Agatha's acquisition of property of St. Agatha Sanitary District. The Town of St. Agatha acquires, under the terms contained in this Act, all of the plants, properties, assets, franchises, rights and privileges owned by the St. Agatha Sanitary District, including, without limitation, lands, buildings, sewers, filtration plants and treatment plants, tanks, standpipes, mains, pumps, pipes, machinery, fixtures, services, tools, flush tanks, manholes, catch basins, pumping stations and other equipment, 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 St. Agatha of all of the outstanding debts, obligations and liabilities of the St. Agatha Sanitary District, including, without limitation, the assumption by the town of any outstanding notes or bonds of the St. Agatha Sanitary District that are due on or after the date of transfer.
Sec. 2. St. Agatha Sanitary District required to sell property to town. The St. Agatha Sanitary District, under the terms contained in this Act, shall sell, transfer and convey to the Town of St. Agatha by appropriate instruments of conveyance all of the St. Agatha Sanitary District's plants, properties, assets, franchises, rights and privileges, including, without limitation, lands, buildings, sewers, filtration and treatment plants, tanks, standpipes, mains, pumps, pipes, machinery, fixtures, services, tools, flush tanks, manholes, catch basins, pumping stations and other equipment, appliances and property used or usable for collecting, holding, purifying and disposing of sewage matter and waste waters for domestic, sanitary, commercial, industrial and municipal purposes in consideration of the assumption by the Town of St. Agatha of all of the outstanding debts, obligations and liabilities of the St. Agatha Sanitary District, including, without limitation, the assumption of any outstanding notes or bonds of the St. Agatha Sanitary District that are due on or after the date of transfer.
Sec. 3. Contracts of St. Agatha Sanitary District. All contracts between the St. Agatha Sanitary District and any person, firm or corporation relating to supplying sewer service that are in effect on the date of the transfer by the district to the Town of St. Agatha are assumed and carried out by the town.
Sec. 4. Dissolution and termination of St. Agatha Sanitary District; pledge of revenues. If all debts, obligations and other liabilities of the St. Agatha Sanitary 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 St. Agatha and to the notation and substitution of the town as obligator in place of the St. Agatha Sanitary District, when the transfer of properties pursuant to sections 1 and 2 is complete, the clerk of the St. Agatha Sanitary District shall file a certificate to that effect with the Secretary of State and the corporate existence of the St. Agatha Sanitary District terminates. Upon acceptance of this Act by the Town of St. Agatha pursuant to section 6, the town is authorized to issue its notes or bonds in the form of either a general obligation pledge or a revenue pledge, as the municipal officers may determine, or to deliver other instruments evidencing its assumption of the debts, obligations and other liabilities of the St. Agatha Sanitary District without the need for any further action or approval.
Until the corporate existence of the St. Agatha Sanitary District is terminated pursuant to this section, the gross revenues derived by the Town of St. Agatha from the sale of 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 St. Agatha Sanitary District assumed by the town pursuant to this Act.
Sec. 5. 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 38 to the extent that Title and its amendments affect the operations of the district.
Sec. 6. 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 St. Agatha at a special town meeting called and held for the purpose not later than December 31, 2000. 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 St. Agatha 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 St. Agatha 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 St. Agatha Sanitary District and the transfer of the district's assets to the Town of St. Agatha?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion of the same.
The results must be declared by the municipal officers of the Town of St. Agatha 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 St. Agatha 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 December 31, 2001.
Effective pending referendum.
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