Sec. C-1. Continuation of Frye Island Municipal Services Corporation. If the Frye Island territory is separated from the Town of Standish and is incorporated as the Town of Frye Island, the Frye Island Municipal Services Corporation is transferred to the Town of Frye Island and continues to function with the same powers and duties as granted to it by Private and Special Law 1975, chapter 138, as amended. Its legal relationship with the Town of Standish terminates upon separation of Frye Island from the Town of Standish; and a legal relationship commences immediately between the Municipal Services Corporation and the Town of Frye Island on July 1, 1998.
Sec. C-2. P&SL 1975, c. 138, §1, as amended by P&SL 1987, c. 2, §1, is further amended to read:
Sec. 1. Territory of Frye Island Municipal Services Corporation defined. So much of the territory of the Town of Standish Frye Island, in the County of Cumberland, as is bounded and described as follows, to wit: That portion of Frye Island, so-called in Sebago Lake, except the parcel of land situated at the southerly tip of Frye Island, more specifically, all that land situated southerly of a straight line running in a generally east-west direction between the following 2 points: The first point is on the westerly side of Frye Island, at the shore of Sebago Lake, and is shown as "124 + 11.35 D.H." on a plan entitled "Plan of Property in Raymond and Standish, Me. adjoining Sebago Lake surveyed for Thomas Avery Lamb," dated June, 1907, prepared by E. C. Jordan and Company, Civil Engineers, Portland, Maine; and the 2nd point is on the easterly side of Frye Island, at the shore of Sebago Lake, and is shown as "97 + 37.75" on the plan, being the same parcel of land conveyed in a deed from Sebago Lake Shores, Inc. to John P. Porell dated April 20, 1968, and recorded in the Cumberland County Registry of Deeds in Book 3037, Page 85, together with the inhabitants residing therein and the owners of the real estate therein, be and the same is hereby created a body politic and corporate by the name of Frye Island Municipal Services Corporation.
Sec. C-3. P&SL 1975, c. 138, §3 is amended to read:
Sec. 3. Bylaws. The corporation, at any legal meeting thereof, called for the purpose, may adopt bylaws, not inconsistent with the laws and Constitution of this State Maine or applicable ordinances or regulations of the Town of Standish Frye Island, as they may deem expedient and necessary for the better government and regulation of the municipal affairs within the corporation, in which case the bylaws so adopted, shall extend to the corporation as fully, to all intents and purposes as the other provisions of this Act.
Sec. C-4. P&SL 1975, c. 138, §5, as amended by P&SL 1987, c. 108, §2, is further amended to read:
Sec. 5. Power to raise money; debt. The corporation is authorized and vested with the power, at any legal meeting called for the purpose, to raise the sums of money necessary for the following purposes: To construct, maintain and repair roads, streets, ways and sidewalks; to procure water for fire, domestic and other purposes, to provide or procure sewer and refuse disposal facilities, and to provide light for public use; to establish and maintain police and fire protection; to build, repair and maintain public wharves and landings; to purchase, maintain and operate ferries or boats for transportation from the island to the mainland; to purchase, construct, maintain and repair such buildings and equipment as may be necessary or desirable for such purposes; to acquire by purchase or gift, and by deed, will, lease or otherwise title to real estate and personal property for the benefit of the corporation; to manage, operate, mortgage, sell, lease and exchange real estate and personal property for the benefit of the corporation; to contract with any individual, firm, association or corporation to accomplish such purposes; and to pay salaries and expenses of the corporation; or for any other lawful purpose relating to public health and safety, maintenance or improvement of public property or public services, acquisition of real or personal property or compliance with any law, ordinance or regulation.
The corporation is further authorized and vested with the power, at any legal meeting called for the purpose, to authorize the borrowing of money and issuing of bonds, notes or other evidences of indebtedness in such amounts as the vote of the legal voters of the corporation shall determine determines for the purposes set forth above, in the same manner as is provided by law for borrowing of money and issuing of bonds, notes or other evidences of indebtedness by municipalities. The trustees of the corporation may determine the rates of interest and the terms and conditions of any such indebtedness, subject to the same limitations as are provided by law for the indebtedness of municipalities. Notwithstanding any other provisions of this Act or any other provision of law, the total outstanding indebtedness of the corporation shall may at no time exceed an amount equal to 7.50% of the corporation's last full state valuation, except as otherwise permitted by the Maine Revised Statutes, Title 30 30-A, section 5061 5702.
Sec. C-5. P&SL 1975, c. 138, §§7 to 9 and 10-B are amended to read:
Sec. 7. Assessments levied. All moneys which shall be that are raised by the corporation for purposes for which the corporation may lawfully raise money, except any fares, rates or charges fixed for the use of ferry, water, sewer or refuse disposal facilities, shall must be assessed upon the taxable estates within the corporation's territory by the assessors of the Town of Standish Frye Island in the same manner as is provided by law for the assessment of town and county taxes. The trustees, in addition to the levy provided, may fix rates, fares or charges based on the use of ferry, water, sewer or refuse disposal facilities as they shall deem determine reasonable and expedient.
For all purposes of taxation under this Act, the person or persons entitled to the use or occupation of any lot of land within the limits of the corporation shall be are deemed the owner thereof and be are taxed for the lot and the improvements, if any, thereon.
Sec. 8. Assessment and collection. Upon a certificate being filed with the assessors of the Town of Standish Frye Island by the clerk of the corporation of the amount of money voted to be raised at any legal meeting of the corporation, it shall be is the duty of the Standish Frye Island assessors, or their successors in office, at the time of the next annual assessment of town and county taxes in the Town of Standish Frye Island, to assess in addition thereto the total amounts certified by the clerk of the corporation, upon the taxable estates within the corporation's territory and to certify and deliver the lists of the assessments so made to the treasurer of the corporation. The treasurer of the corporation shall collect the assessments in the same manner as county and town taxes are collected by law. The treasurer of the corporation shall receive all moneys money belonging to the corporation, pay it out only upon the written order or direction of the trustees, keep a regular account of all moneys money received and paid out and exhibit the account to the trustees whenever requested to do so.
The corporation shall have has the same power to direct the method of collecting these taxes that a town has in the collection of town taxes; and the treasurer shall have has the same rights and powers to recover any taxes committed to him the treasurer under the provisions of this Act that a town tax collector has for the collection of town taxes committed to him the town tax collector. The corporation shall have has the same right to recover by suit taxes assessed under this Act as a municipality has by law to recover taxes assessed therein.
The rights and powers of the corporation and its treasurer to collect corporation taxes, as aforesaid, and any liens or attachments therefor, shall be are subordinate to the rights and powers, liens or attachments of the Town of Standish Frye Island in collection of the town taxes, assessments or other charges.
Sec. 9. Town tax payments to corporation. The Town of Standish Frye Island may appropriate any sum to the corporation from the annual revenue raised by the town's taxation on the estates within the corporation's territory. Any sum so appropriated by the town shall must be paid over to the treasurer of the corporation and shall must be used and expended for its corporate purposes and duties.
Sec. 10-B. Property of corporation tax exempt. No property Property of the corporation shall be is exempt from taxation by reason of this Act or the general laws of the State of Maine to the same extent as property owned by a municipality.
Sec. C-6. Transfer of Frye Island Municipal Services Corporation assets. The Frye Island Municipal Services Corporation shall transfer any assets remaining in the corporation at the time of repeal of its charter to the Town of Frye Island.
Sec. C-7. P&SL 1975, c. 138, as amended, is repealed.
Sec. C-8. Effective date. This Part takes effect upon incorporation of the Town of Frye Island pursuant to Part A of this Act, except that section 7 takes effect 2 years after the date of incorporation.
Effective pending referendum, unless otherwise indicated.
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