CHAPTER 59
S.P. 707 - L.D. 1909
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Deorganization of Town of Atkinson. The Town of Atkinson in Piscataquis County is deorganized, except that the corporate existence, powers, duties and liabilities of the town survive for the purposes of prosecuting and defending all pending suits to which the town is, or may be, a party and all needful process arising out of any suits, including provisions for the payment of all or any judgments or debts that may be rendered against the town or exist in favor of any creditor.
Sec. 2. Unexpended school funds. The treasurer of the town or any other person who has custody of the funds of the town shall pay to the Treasurer of State all unexpended school funds that, together with the credits due the town for school purposes, are to be used by the State Tax Assessor to settle any school obligations contracted by the town before deorganization. Any unexpended school funds remaining with the Treasurer of State after all the obligations have been met must be added to the Unorganized Territory Education and Services Fund, as established in the Maine Revised Statutes, Title 36, chapter 115.
Sec. 3. School debt. The town treasurer or the person who has custody of the town funds shall pay to School Administrative District No. 41 the town's share of the debt service. This amount must be paid within 30 days of the effective date of this section. School Administrative District No. 41 may retain any interest earned on this amount. Any remaining unexpended school funds, together with any credits due the town for school purposes, must be paid to the State Treasurer. These funds, if any, must be added to the Unorganized Territory Education and Services Fund.
Sec. 4. Withdrawal from School Administrative District No. 41. The Town of Atkinson is withdrawn from School Administrative District No. 41.
Sec. 5. Assessment of taxes. The State Tax Assessor shall assess the real and personal property taxes in the Town of Atkinson as of April 1, 2003, as provided in the Maine Revised Statutes, Title 36, chapter 115.
Sec. 6. Referendum; certificate to Secretary of State. This Act takes effect 90 days after its approval only for the purpose of permitting its submission by the municipal officers to the legal voters of the Town of Atkinson by ballot at the next general election to be held in November. This election must be called, advertised and conducted according to the Maine Revised Statutes, Title 30-A, sections 2528 and 2532. The town clerk shall prepare the required ballots on which the clerk shall reduce the subject matter of this Act to the following question:
"Do you favor the deorganization of the Town of Atkinson?"
The voters shall indicate their opinion on this question by a cross or check mark placed against the word "Yes" or "No." Before becoming effective, this Act must be approved by at least 2/3 of the legal voters voting at the special election, and the total number of votes cast for and against the acceptance of this Act at the election must equal or exceed 50% of the total number of votes cast in the town for Governor at the last gubernatorial election.
The municipal officers of the Town of Atkinson shall declare the result of the vote. The town clerk shall file a certificate of the election result with the Secretary of State within 10 days from the date of the election.
Sec. 7. Effective date. Sections 1 to 5 of this Act take effect on July 1, 2003 if deorganization is approved by the voters of the Town of Atkinson pursuant to section 6 of this Act.
Effective July 1, 2003 pending referendum.
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