An Act To Create the Nickerson Lake Sewer District

Sec. 1. Territorial limits; corporate name; purpose. The territory of the Town of New Limerick and the Town of Linneus described as follows: Beginning at a point on the north shore of Nickerson Lake and the southeast corner of Lot 30 of the Town of New Limerick tax map #13, latitude 46° 5' 46.45" N, longitude 67° 54' 48.99" W, presently owned by Travis Kearney; thence at a bearing of 51 degrees to a point on the southwest line of Lot 4 of the Town of New Limerick tax map #6, latitude 46° 5' 48.22" N, longitude 67° 54' 45.68" W, presently owned by Richard Mitchell; thence along the southwest and south property lines of said Mitchell property to the intersection of the Crescent Park Road and Aspen Lane, latitude 46° 5' 42.35" N, longitude 67° 54' 33.18" W; thence along the centerline of Aspen Lane to the point at which it crosses the outflow of Nickerson Lake, latitude 46° 5' 26.48" N, longitude 67° 54' 27.37" W; thence along the centerline of said outflow to the east shore of Nickerson Lake in the Town of Linneus; thence along the north shore of Nickerson Lake to the point of beginning; and its inhabitants constitute a body politic and corporate under the name of Nickerson Lake Sewer District, referred to in this Act as "the district," for the purpose of providing subsurface wastewater collection, treatment and disposal services to accommodate development.

Sec. 2. Powers as sewer district. The district may construct, manage, operate and maintain one or more subsurface disposal systems. It may contract for necessary and appropriate services, including, but not limited to, pumping, treating and disposal services, and do any or all other things necessary or incidental to accomplish the purposes of this Act.

Except as otherwise expressly provided in this Act, the district, for the purposes of supplying the Town of Linneus and the Town of New Limerick and their inhabitants and others within the territory of the district with sewer services, has all the powers, rights, privileges and authority and is subject to all the requirements and restrictions of a sanitary district formed under the Maine Revised Statutes, Title 38, chapter 11, except that sections 1063, 1101, 1102, 1103, 1106 and 1151-A do not apply to the district and any notice of impending automatic foreclosure issued by the district pursuant to section 1208 must bear the name "Nickerson Lake Sewer District" in all appropriate locations.

Sec. 3. Number of trustees. The board of trustees of the district is composed of 5 trustees. Two trustees are appointed by the municipal officers of the Town of Linneus, one of whom must be the owner of property within the district and a resident of the Town of Linneus and one of whom must be a resident of the district. Two trustees are appointed by the municipal officers of the Town of New Limerick, one of whom must be the owner of property within the district and a resident of the Town of New Limerick and one of whom must be a resident of the district. The 5th trustee must be appointed by the municipal officers of the Town of Linneus and the Town of New Limerick and must be a resident of either town.

Sec. 4. First board. The first board of trustees of the district is appointed by the municipal officers of both the Town of Linneus and the Town of New Limerick. The terms of the first board are governed by the Maine Revised Statutes, Title 35-A, section 6410, subsection 4.

Sec. 5. Terms of trustees; vacancies. After the appointment of the first board of trustees of the district, trustees are appointed to 3-year terms. Vacancies must be filled by municipal appointment for 3-year terms.

Sec. 6. Town responsibility. Except for the appointment of the first board of trustees and the initial referendum, the Town of Linneus and the Town of New Limerick are not responsible for any acts of the district.

Sec. 7. Referendum; effective date. This Act takes effect when approved only for the purpose of permitting its submission to the legal voters within the territory described in section 1 of this Act at a referendum called for that purpose and held after July 1, 2011 but within 2 years after the effective date of this Act. The referendum must be called by the municipal officers of the respective towns and must be held at the regular voting places. The referendum must be called, advertised and conducted according to the law relating to municipal elections. The registrars shall make a complete list of all the eligible voters of the proposed district as described in this Act. The list prepared by the registrars governs the eligibility of a voter. For the purpose of registration of voters, the registrars of voters must be in session the regular workday preceding the referendum. The subject matter of this Act is reduced to the following question:

"Do you favor creating the Nickerson Lake Sewer District?"

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 Linneus and the Town of New Limerick and due certificate of the results filed by the clerks with the Secretary of State.

This Act takes effect for all other purposes immediately upon its approval by a majority of the legal voters of each town voting at the referendum. Failure to achieve the necessary approval in any referendum does not prohibit subsequent referenda consistent with this section as long as the referenda are held within 2 years after the effective date of this Act.

summary

This bill creates the Nickerson Lake Sewer District.