CHAPTER 147
S.P. 283 - L.D. 804
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §6401, sub-§2, ¶A, as enacted by PL 1995, c. 616, §10, is amended to read:
A. The following provisions apply to all water districts, regardless of when chartered, and any portion of a water district charter that is contrary to the provisions is void and of no effect:
(1) Section 6410, subsection 7; and
(2) Section 6410, subsection 8.;
(3) Section 6413-A; and
(4) Section 6414-A.
Sec. 2. 35-A MRSA §6410, sub-§§1 and 7, as enacted by PL 1995, c. 616, §10, are amended to read:
1. Standard districts; nominations and elections; vacancies. Nominations and elections of trustees are conducted in accordance with the laws relating to municipal elections.
When the term of office of a trustee expires, the trustee's successor is elected at large by a plurality vote of the voters of the standard district. For the purpose of election, a special election must be called and held on the date established by the trustees. The election must be called by the trustees of the standard district in the same manner as town meetings are called and, for this purpose, the trustees are vested with the powers of municipal officers of towns. A vacancy is filled in the same manner for the unexpired term by a special election called by the trustees of the standard district.
The trustees shall appoint a registrar of voters for the standard district, who may also be the registrar of voters for any town within the standard district, and fix the registrar's salary. It is the registrar's duty to make and keep a complete list of all the eligible registered voters of resident in the standard district. The list prepared by the registrar governs the eligibility of any voter. Voters who are resident outside the territorial limits of the standard district, as defined in its charter, are not eligible voters and the registrar of voters shall exclude those voters from the registrar's lists. All warrants issued for elections by the trustees must show that only the voters resident within the territorial limits of the standard district are entitled to vote.
7. Water districts; trustees' compensation. The trustees of a water district receive compensation as recommended by the trustees and approved by a majority of the municipal officers of the municipality, including compensation for any duties they perform as officers, as well as for their duties as trustees. For districts serving more than one municipality, any change in the compensation received by the trustees for any duties they perform within the district must be recommended by the trustees and approved by majority vote of the municipal officers in each municipality in municipalities representing a majority of the population within the district. Certification of the vote must be recorded with the Secretary of State and recorded in the bylaws. Compensation for duties as trustees must be on the basis of such specific amount as may be specified in the bylaws, for each meeting actually attended and reimbursement for travel and expenses, with the total not to exceed such specific amount as may be specified in the bylaws. Compensation schedules in effect on January 1, 1982 continue in effect until changed.
Notwithstanding section 6401, subsection 2, this subsection does not apply to any water district for which the charter provides for trustee compensation in a manner inconsistent with this subsection and specifically indicates by its own terms that this subsection or former section 6303, subsection 4 does not apply.
Sec. 3. 35-A MRSA §6413-A is enacted to read:
§6413-A. Water districts; authority to increase debt limits
Notwithstanding any provision of its charter to the contrary, a water district may increase its debt limit by referendum in accordance with this section. A water district is not required to use this section and may seek to increase its debt limit by any other lawful means, including pursuant to any other means described in its charter or by seeking legislative amendment to its charter.
If a water district chooses to increase its debt limit pursuant to this section, the governing body of the water district shall propose a new debt limit and submit the proposal for approval at a referendum within the district. The referendum must be called, advertised and conducted according to the law relating to municipal elections, except the registrar of voters is not required to prepare or the clerk to post a new list of voters. For the purpose of registering voters, the registrar of voters must be in session on the regular work day preceding the election. The question presented must conform to the following form:
"Do you favor changing the debt limit of the (insert name of district) from (insert current debt limit) to (insert proposed debt limit)?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question.
The results must be declared by the governing body of the district and entered upon the district's records. Due certificate of the results must be filed by the clerk with the Secretary of State.
A debt limit proposal becomes effective upon its acceptance by a majority of the legal voters within the district voting at the referendum. Failure of approval by the majority of voters voting at the referendum does not prevent subsequent referenda from being held for the same purpose. The costs of referenda are borne by the district.
Sec. 4. 35-A MRSA §6414-A is enacted to read:
§6414-A. Water utilities; rate collection and liens
All persons, firms and corporations, whether public, private or municipal, shall pay to the treasurer of any water district the rates established pursuant to chapter 61 for the water service used with respect to their real estate.
There is a lien on real estate served by a water district to secure the payment of unpaid rates. The method for obtaining, enforcing and receiving payment on the lien must be in the same manner and has the same effect and creates the same rights as provided in Title 38, section 1208, pertaining to the collection of unpaid rates by a sanitary district, except that the sanitary district lien created under Title 38, section 1208 continues with priority over the district's water utility lien created under this section and the notice of impending automatic foreclosure must be substantially in the following form:
STATE OF MAINE
WATER DISTRICT
NOTICE OF IMPENDING AUTOMATIC FORECLOSURE WATER LIEN
Title 35-A M.R.S.A., section 6414-A
IMPORTANT: DO NOT DISREGARD THIS NOTICE YOU WILL LOSE YOUR PROPERTY UNLESS YOU PAY THE CHARGES, COSTS AND INTEREST FOR WHICH A LIEN ON YOUR PROPERTY HAS BEEN CREATED BY THE WATER DISTRICT.
You are the party named on the Water Lien Certificate filed on , 20 and recorded in Book , Page in the County Registry of Deeds. This Water District filing created a lien mortgage on the real estate described in the Water Lien Certificate.
On , 20 , the water lien mortgage will be foreclosed and your right to redeem the mortgage and recover your property by paying the district's charges and interest that are owed will expire.
IF THE LIEN FORECLOSES,
THE WATER DISTRICT WILL
OWN YOUR PROPERTY, SUBJECT ONLY
TO SANITARY DISTRICT AND
MUNICIPAL TAX LIENS.
If you can not pay the outstanding charges, costs and interest that are the subject of this notice or the subject of installment payment arrangements that you have made with the district, please contact me immediately to discuss this notice.
Effective September 13, 2003, unless otherwise indicated.
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