Sec. A-1. Separation and incorporation; Frye Island. Subject to a referendum election as set forth in section 2 of this Part, the following territory now within the Town of Standish and the County of Cumberland, together with the inhabitants of that territory, is hereby separated from the Town of Standish and incorporated into a separate town by the name of the Town of Frye Island: the island in Sebago Lake identified as Frye Island together with the surrounding waters within two-hundred feet (200') from the shoreline of Frye Island, excluding territory under the jurisdiction of another municipality, on July 1, 1998. The island and surrounding waters described in this section are referred to in this Act as "the Frye Island territory." The Town of Frye Island remains within Cumberland County.
Sec. A-2. Referendum elections. Part A of this Act takes effect 90 days after adjournment of the First Regular Session of the 118th Legislature for the purpose of permitting its submission to the voters of the Frye Island territory at a special referendum election to be held on October 14, 1997. Warrants must be issued for this election notifying the qualified voters to vote on the approval or rejection of this Act.
For the purposes of this referendum election, all persons resident and legally registered to vote within the Frye Island territory are eligible to vote on the question with respect to the separation of that territory from the Town of Standish.
The town clerk of the Town of Standish shall prepare the required ballots on which the subject matter of Part A of this Act must be reduced to the following question:
"Do you favor the separation of Frye Island and the surrounding waters within two-hundred feet (200') from the shoreline of Frye Island from the Town of Standish and its incorporation as a separate town?"
The voters shall indicate by an appropriate mark placed against the word "Yes" or "No" their vote on this question.
The referendum election must be conducted by the town clerk of the Town of Standish, who shall declare the result of the election. The town clerk's declaration of the election results is final, subject to review by the Superior Court for the County of Cumberland. The results of the referendum election must be filed by the town clerk with the Secretary of State.
Sec. A-3. Effective date of separation. If a majority of those voting in the Frye Island territory election approves the question, Part A of this Act takes effect with respect to that territory and that territory is separated from the Town of Standish and is incorporated as the Town of Frye Island on July 1, 1998.
Sec. A-4. Provision for first meeting. If the voters of Frye Island territory approve the question, a justice of the peace or notary public may issue a warrant to any legal voter in the Town of Frye Island directing that legal voter to notify the municipal inhabitants of a public meeting to select municipal officers and to transact municipal business to be held at a time and place specified in the warrant. Notice to the municipal inhabitants must be provided at least seven (7) days prior to the meeting. Until July 1, 1998, municipal officers selected at the meeting are vested with all of the powers and duties that other duly elected municipal officers have, including the power to raise, borrow and spend money, except as those powers may be limited by the Frye Island Municipal Services Corporation, as further described in Part C of this Act.
Sec. A-5. Form of government. If the voters of the Frye Island territory approve the question, the Town of Frye Island will be incorporated and separated from the Town of Standish on July 1, 1998 and shall adopt the town meeting as its form of government.
Nothing in this Act prevents the Town of Frye Island 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 Frye Island is incorporated and separated from the Town of Standish on July 1, 1998, the Town of Frye Island shall assume debts and assets of the Town of Standish as follows.
1. All tangible personal property owned by the Town of Standish and located within the Frye Island territory on the date of separation becomes the property of the Town of Frye Island on July 1, 1998, and the Town of Standish shall promptly deliver to the Town of Frye Island an appropriate quitclaim bill of sale for that property.
2. Town of Standish taxes that are due from Frye Island property owners as of July 1, 1998 will continue to be owed to the Town of Standish after separation. Tax liens on behalf of the Town of Standish attributable to those taxes remain valid.
3. No other tangible property or intangible property of the Town of Standish, including cash or bank accounts, is due to the Town of Frye Island.
4. The Town of Frye Island shall bear its just and due proportion of the bonded indebtedness of the Town of Standish, as determined pursuant to Part B of this Act.
Sec. A-7. Property taxes. Frye Island remains a part of the Town of Standish for all purposes including liabilities, obligations and the collection and disbursement of property taxes up to the effective date of separation and the Town of Standish maintains its customary level of service to Frye Island until that date. After that date, each municipality is separately responsible for raising and collecting the revenues necessary to fund its respective government.
Sec. A-8. Educational needs. If the Town of Frye Island is incorporated and separated from the Town of Standish, it remains in the School Administrative District 6 or its successor and pays its proportional share of costs, unless or until such time as it withdraws from the school administrative district in accordance with applicable state law. School transportation services must be provided as follows: The Town of Frye Island is authorized to require each resident with a child or children enrolled in School Administrative District 6 to provide transportation from the island to the mainland point of pickup at the resident's own expense; transportation costs from the mainland point of pickup to the school must be provided, as is customarily done, by the school administrative district.
| Revisor of Statutes Homepage | Subject Index | Search | 118th Laws of Maine | Maine Legislature |
