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131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1692S.P. 679 In Senate, April 18, 2023
An Act to Create the Guilford-Sangerville Utilities District
(EMERGENCY)
Reference to the Committee on Energy, Utilities and Technology suggested and ordered
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator GUERIN of Penobscot.
Cosponsored by Representative WHITE of Guilford and
Senators: HARRINGTON of York, POULIOT of Kennebec. Page 1 - 131LR0970(01)1 acts and resolves of the Legislature do not
2 become effective until 90 days after adjournment unless enacted as emergencies; and
3 the residents of the Town of Guilford and the Town of Sangerville are in
4 immediate need of forming a joint utility for the purposes of cost savings and rate
5 stabilization; and
6 in the judgment of the Legislature, these facts create an emergency within
7 the meaning of the Constitution of Maine and require the following legislation as
8 immediately necessary for the preservation of the public peace, health and safety; now,
9 therefore,
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11 The inhabitants and
12 territory within the Town of Guilford and the Town of Sangerville, and existing customers
13 of the Guilford-Sangerville Water District in the Town of Parkman, in the County of
14 Piscataquis, constitute a public municipal corporation under the name of "Guilford-
15 Sangerville Utilities District," referred to in this Act as "the district," for the purpose of
16 supplying the inhabitants of the district with pure water for domestic, sanitary,
17 manufacturing and municipal purposes and to construct, maintain, operate and provide the
18 sewers with all their appurtenances.
19 The district, for the purposes of its incorporation, is
20 authorized to take, collect, store, hold, divert, use, flow, detain and distribute water from
21 any lake, pond, stream or river and from any surface or underground brook, spring or vein
22 of water in the Town of Guilford and the Town of Sangerville and from any other source
23 from which the Guilford-Sangerville Water District is now authorized to take water,
24 including sources outside the Town of Guilford and the Town of Sangerville.
25 The district has all the powers and authority
26 and is subject to all the requirements and restrictions provided to a water district in the
27 Maine Revised Statutes, Title 35-A, chapter 64 and a sewer district in Title 38, chapter 10.
28 The board of trustees of the district is composed of 5
29 trustees. Three trustees must be appointed from the Town of Guilford and 2 trustees must
30 be appointed from the Town of Sangerville. A trustee must live within the municipality the
31 trustee is appointed to represent.
32 The first board of trustees of the district is appointed by the
33 municipal officers of the Town of Guilford and the municipal officers of the Town of
34 Sangerville. The terms of the first board are governed by the Maine Revised Statutes, Title
35 35-A, section 6410 and Title 38, section 1036.
36 After the appointment of the first board of trustees of
37 the district, trustees are appointed to 3-year terms.
38 The district, through its
39 trustees, shall acquire by purchase in accordance with this section all of the plants,
40 properties, assets, franchises, rights and privileges of the Guilford-Sangerville Water
41 District and the Guilford-Sangerville Sanitary District, including, without limitation, lands,
42 buildings, waters, water rights, springs, wells, reservoirs, tanks, standpipes, mains, pumps, Page 2 - 131LR0970(01)
43 pipes, machinery, fixtures, hydrants, meters, services, tools, equipment, apparatus and
44 appliances used or useful in supplying water for domestic, commercial, industrial and
45 municipal purposes and shall, by appropriate instruments, assume, in accordance with this
46 section, all of the outstanding debts, obligations and liabilities of the Guilford-Sangerville
47 Water District and the Guilford-Sangerville Sanitary District, including, without limitation,
48 the assumption of any outstanding bonds, notes or other evidences of indebtedness of the
49 Guilford-Sangerville Water District and the Guilford-Sangerville Sanitary District that are
50 due on or after the date of transfer.
9 All contracts between the
10 Guilford-Sangerville Water District and the Guilford-Sangerville Sanitary District and any
11 person, firm or corporation that are in effect on the date of acquisition pursuant to section
12 7 are assumed and must be carried out by the district. All permits and licenses held by the
13 Guilford-Sangerville Water District and the Guilford-Sangerville Sanitary District that are
14 in effect on the date of acquisition pursuant to section 7 are assumed by the district.
15 The sale and transfer by the
16 Guilford-Sangerville Water District to the district of its plants, properties, assets,
17 franchises, rights and privileges and the assumption by the district of the
18 Guilford-Sangerville Water District's outstanding debts, obligations and liabilities and the
19 subsequent use of the plants, properties, assets, franchises, rights and privileges by the
20 district within the limits of the district are subject to the approval of the Public Utilities
21 Commission under the Maine Revised Statutes, Title 35-A, Part 1.
22 In view of the
23 emergency cited in the preamble, this Act takes effect when approved only for the purpose
24 of permitting its submission to the legal voters within the Town of Guilford and the Town
25 of Sangerville at a referendum called for that purpose and held after May 1, 2023, but within
26 2 years after the effective date of this Act. The referendum must be called by the municipal
27 officers of the respective towns and must be held at the regular voting places. The
28 referendum must be called, advertised and conducted according to the law relating to
29 municipal elections. The registrars shall make a complete list of all the eligible voters of
30 the proposed district as described in this Act. The list prepared by the registrars governs
31 the eligibility of a voter. For the purpose of registration of voters, the registrars of voters
32 must be in session the regular workday preceding the referendum. The subject matter of
33 this Act is reduced to the following question:
34 "Do you favor creating the Guilford-Sangerville Utilities District and
35 permitting the Guilford-Sangerville Utilities District to acquire the assets
36 and assume the liabilities of the Guilford-Sangerville Water District and
37 the Guilford-Sangerville Sanitary District?"
38 The voters shall indicate by a cross or check mark placed against the word "Yes" or
39 "No" their opinion of the same. The results must be declared by the municipal officers of
40 the Town of Guilford and the municipal officers of the Town of Sangerville, and due
41 certificate of the results filed by the clerks with the Secretary of State. This Act takes effect
42 for all other purposes immediately upon its approval by a majority of the legal voters of
43 each town voting at the referendum. Failure to achieve the necessary approval in any
44 referendum does not prohibit subsequent referenda consistent with this section as long as
45 the referenda are held within 2 years after the effective date of this Act. If, after May 1,
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46 2023, but prior to approval of this Act, a referendum on the question specified in this section
47 is held in accordance with this section and a majority of the legal voters of each town voting
48 at the referendum casts votes in favor of the question and due certificate of the results are
49 filed with the Secretary of State, this Act takes effect when approved.
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6 takes effect when approved.
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8 This bill establishes the Guilford-Sangerville Utilities District, pending voter
9 referendum.
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