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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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S.P. 679 - L.D. 1692
An Act to Create the Guilford-Sangerville Utilities District
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the residents of the Town of Guilford and the Town of Sangerville are in
immediate need of forming a joint utility for the purposes of cost savings and rate
stabilization; 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. The inhabitants and
territory within the Town of Guilford and the Town of Sangerville, in the County of
Piscataquis, constitute a public municipal corporation under the name of "Guilford-
Sangerville Utilities District," referred to in this Act as "the district," for the purpose of
supplying the inhabitants of the district with pure water for domestic, sanitary,
manufacturing and municipal purposes and to construct, maintain, operate and provide the
sewers with all their appurtenances.
Sec. 2. Source of supply. The district, for the purposes of its incorporation, is
authorized to take, collect, store, hold, divert, use, flow, detain and distribute water from
any lake, pond, stream or river and from any surface or underground brook, spring or vein
of water in the Town of Guilford and the Town of Sangerville and from any other source
from which the Guilford-Sangerville Water District is now authorized to take water,
including sources outside the Town of Guilford and the Town of Sangerville.
Sec. 3. The district has all the powers and authority
and is subject to all the requirements and restrictions provided to a water district in the
Maine Revised Statutes, Title 35-A, chapter 64 and a sewer district in Title 38, chapter 10.
The district may also supply existing customers of the Guilford-Sangerville Water District
APPROVED
JUNE 26, 2023
BY GOVERNOR
CHAPTER
15
P & S LAW Page 2 - 131LR0970(03)
in the Town of Parkman and the Town of Abbot, in the County of Piscataquis, with pure
water for domestic, sanitary, manufacturing and municipal purposes.
Sec. 4. Number of trustees. The board of trustees of the district is composed of 5
trustees. Three trustees must be appointed from the Town of Guilford and 2 trustees must
be appointed from the Town of Sangerville. A trustee must live within the municipality the
trustee is appointed to represent.
Sec. 5. First board. The first board of trustees of the district is appointed by the
municipal officers of the Town of Guilford and the municipal officers of the Town of
Sangerville. The terms of the first board are governed by the Maine Revised Statutes, Title
35-A, section 6410 and Title 38, section 1036.
Sec. 6. Terms of trustees. After the appointment of the first board of trustees of
the district, trustees are appointed to 3-year terms.
Sec. 7. Acquisition of property; assumption of debts. The district, through its
trustees, shall acquire by purchase in accordance with this section all of the plants,
properties, assets, franchises, rights and privileges of the Guilford-Sangerville Water
District and the Guilford-Sangerville Sanitary District, including, without limitation, lands,
buildings, waters, water rights, springs, wells, reservoirs, tanks, standpipes, mains, pumps,
pipes, machinery, fixtures, hydrants, meters, services, tools, equipment, apparatus and
appliances used or useful in supplying water for domestic, commercial, industrial and
municipal purposes and shall, by appropriate instruments, assume, in accordance with this
section, all of the outstanding debts, obligations and liabilities of the Guilford-Sangerville
Water District and the Guilford-Sangerville Sanitary District, including, without limitation,
the assumption of any outstanding bonds, notes or other evidences of indebtedness of the
Guilford-Sangerville Water District and the Guilford-Sangerville Sanitary District that are
due on or after the date of transfer.
Sec. 8. The Guilford-Sangerville Water
District and the Guilford-Sangerville Sanitary District shall, in accordance with this
section, sell, transfer and convey to the district by appropriate instruments of conveyance
all of their plants, properties, assets, franchises, rights and privileges, including, without
limitation, lands, buildings, waters, water rights, springs, wells, reservoirs, tanks,
standpipes, mains, pumps, pipes, machinery, fixtures, hydrants, meters, services, tools,
equipment, apparatus and appliances used or useful in supplying water for domestic,
commercial, industrial and municipal purposes, in consideration of the assumption by the
district of all of the outstanding debts, obligations and liabilities of the Guilford-Sangerville
Water District and the Guilford-Sangerville Sanitary District including, without limitation,
the assumption of any outstanding bonds, notes or evidences of indebtedness of the
Guilford-Sangerville Water District and the Guilford-Sangerville Sanitary District that are
due on or after the date of the transfer.
Sec. 9. All contracts between the
Guilford-Sangerville Water District and the Guilford-Sangerville Sanitary District and any
person, firm or corporation that are in effect on the date of acquisition pursuant to section
7 are assumed and must be carried out by the district. All permits and licenses held by the
Guilford-Sangerville Water District and the Guilford-Sangerville Sanitary District that are
in effect on the date of acquisition pursuant to section 7 are assumed by the district. Page 3 - 131LR0970(03)
Sec. 10. Approval of Public Utilities Commission. The sale and transfer by the
Guilford-Sangerville Water District to the district of its plants, properties, assets,
franchises, rights and privileges and the assumption by the district of the
Guilford-Sangerville Water District's outstanding debts, obligations and liabilities 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 under the Maine Revised Statutes, Title 35-A, Part 1.
Sec. 11. In view of the
emergency cited in the preamble, this Act takes effect when approved only for the purpose
of permitting its submission to the legal voters within the Town of Guilford and the Town
of Sangerville at a referendum called for that purpose and held after May 1, 2023, but within
2 years after the effective date of this Act. The referendum must be called by the municipal
officers of the respective towns and must be held at the regular voting places. The
referendum must be called, advertised and conducted according to the law relating to
municipal elections. The registrars shall make a complete list of all the eligible voters of
the proposed district as described in this Act. The list prepared by the registrars governs
the eligibility of a voter. For the purpose of registration of voters, the registrars of voters
must be in session the regular workday preceding the referendum. The subject matter of
this Act is reduced to the following question:
"Do you favor creating the Guilford-Sangerville Utilities District and
permitting the Guilford-Sangerville Utilities District to acquire the assets
and assume the liabilities of the Guilford-Sangerville Water District and
the Guilford-Sangerville Sanitary District?"
The voters shall indicate by a cross or check mark placed against the word "Yes" or
"No" their opinion of the same. The results must be declared by the municipal officers of
the Town of Guilford and the municipal officers of the Town of Sangerville, and due
certificate of the results filed by the clerks with the Secretary of State. This Act takes effect
for all other purposes immediately upon its approval by a majority of the legal voters of
each town voting at the referendum. Failure to achieve the necessary approval in any
referendum does not prohibit subsequent referenda consistent with this section as long as
the referenda are held within 2 years after the effective date of this Act. If, after May 1,
2023, but prior to approval of this Act, a referendum on the question specified in this section
is held in accordance with this section and a majority of the legal voters of each town voting
at the referendum casts votes in favor of the question and due certificate of the results are
filed with the Secretary of State, this Act takes effect when approved.
Emergency clause.
takes effect when approved.