CHAPTER 14
H.P. 766 - L.D. 1113
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the health, safety and convenience of the customers of the Fryeburg Water Company require adequate and affordable water service and immediately creating authority to establish through a referendum vote the Fryeburg Water District may be the means of ensuring such service; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Territorial limits; corporate name. Pursuant to the Maine Revised Statutes, Title 35-A, chapter 64, that part of the Town of Fryeburg described as follows and its inhabitants constitute a standard district under the name Fryeburg Water District, referred to in this Act as "the district":
Beginning at the point of intersection of 70_, 57', 4.11" longitude W and 44_, 3', 14.76" latitude N; thence due south to the point of intersection of 70_, 57', 0.65" longitude W and 44_, 1', 19.63" latitude N to Route 302; thence east along Route 302 to the point of intersection of 70_, 56', 32.66" longitude W and 44_, 1', 26.8" latitude N; thence south to the point of intersection of 70_, 56', 29.08" longitude W and 43_, 59', 56.34" latitude N; thence west to the Maine and New Hampshire border; thence north along the Maine and New Hampshire border to Stevens Brook; thence south along Stevens Brook to the Saco River; thence north along the Saco River to the point of intersection of 70_, 57', 51.24" longitude W and 44_, 3', 14.42" latitude N; thence east to the point of beginning.
Sec. 2. Powers; authority; duties. The district has all the powers and authority and is subject to all the requirements and restrictions provided in the Maine Revised Statutes, Title 35-A, chapter 64.
Sec. 3. Additional powers. The district is authorized to enter into contracts with appropriate entities to arrange for, or provide, continued service to existing customers of the Fryeburg Water Company who are located outside the territory of the district to the extent permitted under and in accordance with applicable laws and rules.
The district is authorized to sell water to bulk water exporters, subject to the requirements of applicable laws and rules and town ordinances and with the approval of the town's planning board.
Sec. 4. Power to take water. The district is authorized to take, to hold and to convey within the Town of Fryeburg and from any part of the town water from any surface or groundwater source within the town.
Sec. 5. Number of trustees. The board of trustees of the district is composed of 5 trustees. The trustees must be residents of the district but need not use the district services.
Sec. 6. Election of first board. The first board is elected in an election called by the municipal officers of the Town of Fryeburg by the voters in accordance with this Act. The terms of the first board are governed by the Maine Revised Statutes, Title 35-A, section 6410.
Sec. 7. Terms of trustees. After the election of the first board, trustees are elected to 3-year terms.
Sec. 8. District authorized to acquire property and franchises of Fryeburg Water Company. The district, through its trustees, may acquire by purchase the Fryeburg Water Company and the entire plant, properties, franchises, rights and privileges owned by the Fryeburg Water Company, located within the district, including all lands, waters, water rights, reservoirs, pipes, machinery, fixtures, hydrants and tools and all apparatus and appliances used or usable in supplying water in the area of the district. The district may acquire by the exercise of the right of eminent domain, a right expressly delegated to the district for that purpose, the Fryeburg Water Company and the entire plant, properties, franchises, rights and privileges, except cash assets and accounts receivable, owned by the Fryeburg Water Company, including all lands, waters, water rights, dam structures, reservoirs, pipes, machinery, fixtures, hydrants and tools and all apparatus and appliances used or usable in supplying water in the area of the district. Except as otherwise expressly provided in this section and in furtherance of the acquisition of the Fryeburg Water Company pursuant to this section, the district may also acquire by the exercise of the right of eminent domain any tangible or intangible personal property that represents or constitutes an ownership interest in the company by another person or entity.
In exercising the right of eminent domain under this Act, the trustees shall file with the town clerk a condemnation order that includes a detailed description of the property interest to be taken, the name or names of the owner or owners of record as far as they can be reasonably determined and the amount of damages determined by the trustees to be just compensation for the property or interest in the property taken. The trustees shall then serve upon the owner or owners of record a copy of the condemnation order and a check in the amount of the damages awarded and record a certified copy of the condemnation order in the Oxford County Registry of Deeds. In the event of multiple ownership, the check may be served on any one of the owners. This title passes to the district upon service of the condemnation order and check or upon recordation in accordance with this section, whichever occurs first. Acceptance and negotiation of the check do not bar an appeal under this section.
Any person aggrieved by the determination of the damages awarded to owners of property or interests in the property under this section may, within 60 days after service of the condemnation order and check, appeal to the Superior Court of Oxford County. The court shall determine damages by a verdict of its jury or, if all parties agree, by the court without a jury or by a referee or referees and shall render judgment for just compensation, with interest when such is due, and for costs in favor of the party entitled to the costs. Appeal from the decision of the Superior Court may be made to the Law Court, as in other civil actions.
The sale and transfer by the Fryeburg Water Company to the district of its plants, properties, assets, franchises, rights and privileges; the assumption by the district of all the outstanding debts, obligations and liabilities of the district pursuant to this section; and the subsequent use of the plants, properties, assets, franchises, rights and privileges by the district within the limits of the district are subject to the approval of the Public Utilities Commission as may be required by the Maine Revised Statutes, Title 35-A.
Sec. 9. Continue to provide water. Nothing in this Act is intended to alter or affect or may be interpreted as altering or affecting the district's continuing to provide water service to the existing customers of the Fryeburg Water Company, including those customers that are located outside the district's territory.
Sec. 10. 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 at an election called for that purpose and held within 3 years of the effective date of this Act. The election must be called, advertised and conducted according to the law relating to municipal elections, except that the registrar of voters is not required to prepare or the clerk to post a new list of voters. For the purpose of registration of voters, the registrar of voters must be in session the secular day preceding the election. The subject matter of this Act is reduced to the following question:
"Do you favor creating the Fryeburg Water District and permitting it to acquire the assets of the Fryeburg Water Company?"
This Act takes effect for all purposes upon its acceptance by a majority of the legal voters of the district. Failure to achieve the necessary approval does not prevent subsequent referenda held within 3 years of the effective date of this Act.
The results must be declared by the municipal officers of the Town of Fryeburg and due certificate of the results must be filed by the town clerk with the Secretary of State.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective pending referendum.
| Revisor of Statutes Homepage | Subject Index | Search | 122nd Laws of Maine | Maine Legislature |
About the 1st Regular & 1st Special Session Laws Of Maine
