An Act To Amend the Charter of the Lubec Water and Electric District
Maine Legislature, Session 121, LD 0678
Committee: Utilities and Energy
Sponsors: SHOREY

Legislative Document 
No. 678 
S.P.242 
In Senate, February 14, 2003 
An Act To Amend the Charter of the Lubec Water and Electric 
District 
(EMERGENCY) 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator SHOREY of Washington. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. Whereas. Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, in 1991 
the 
Lubec 
Water 
and Electric District 
changed its name to the Lubec Water District; and 
Whereas, the legislation was passed by the Legislature as 
Private and Special Law 1991, chapter 14; and 
Whereas, the law required that the changes to the name of 
the district be approved by the voters of the Town of Lubec; and 
Whereas, the Town of Lubec never held an election to vote on 
these matters; and 
Whereas, it is 
imperative 
that this 
legislation 
become 
effective before the 90 days so that the Town of Lubec may vote 
on the name change of the district; 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. P&SL 1951, c. 92, §§1 to 5 are amended to read: 
Sec. 
1. 
Territorial limits, 
corporate name, 
powers 
and 
purposes. 
The inhabitants and territory within the tewB Town of 
LubecT in the ee\olBty County of Washington (hereinafter referred 
to as Lubec)T-~ha~~-~~-aeFe9y are constituted a body politic 
and corporate under the name of Lubec Water aBe-E~e€t~ie District 
(hereinafter referred to as district), with the purpose, right 
and 
power 
to 
take 
and 
use 
water 
for 
domestic, 
commercial, 
sanitary and municipal purposes including extinguishment of fire, 
aBe-~e-ma~~-~-~~~,-~~~~aG-e1&~F19~~e-e~ee~Fiei~Yf and, 
also, 
so far as applicable to saie these purposes, 
wi th the 
rights and powers conferred upon saie Lubec by section 1 of 
chapter 489 of the private and special laws of 1901T--a6--ame-aeee 
9y-~~~-±-~-~~~-4~-~--~ae-~~~~-~:aG-~~£ia~--~-e~ 
1919T-a£4-~-S&G~~:a-~-~-~~--~~-e~-~h~~-~~~:aG-6peeia± 
~aw6-ef-tae-6peeia±-6e66ieB-ef-19~~. 
Sec. 2. 
Ti tIe of utility properties of Lubec to vest in 
district. 
At-~-he--~1me--~hi~--a.G-t--take6--e-f-f-e-o-t.-,--~ae The title of 
Lubec to the entire plant, lands, property and franchises, rights 
and 
privileges, 
including 
all 
rents, 
water 
rights, 
dams, 
reservoirs, 
pipes, 
machinery, 
fixtures, 
hydrants, 
tools, 
apparatus 
and 
appliances 
used 
in 
connection with its water 
business, 
aBa-~~-~~-FteFet~YT--~~~~r-~~~~--ti~a~sT 
F~ivi±e~es-~-a&&e~&r-~£€~~~~£~--~nGr-FeJe£7-~ir~r-fiH~Hte ST 
maeaiBetYT-aFFata~H£-a~e-~~~~£~~-~~-~~~~-beiB~-Hsea 
iB-~~~~~~~~-maiB~aiBiB~-~~~-~~~~~~-bHsiBessT together 
with all unexpended funds credited to saia the water aBa-e±ee~tie 
department 
and 
all bills 
receivable 
for 
water 
aBa--e±ee~~ie 
setviees service, saa±±-beeeme remain the property of and vest in 
saia the district iB. 
In consideration of the saia district 
assuming all of the prior obligations of Lubec in connection with 
saia the water 
aBa-eJe€~%ie business 
aBa-~-&aia, the district 
FayiB~ shall pay the Town of Lubec feF-a-~etm-ef-gg-yeats the sum 
of $10,000 annuallYL in quarterly payments of $2,500 each, each 
year until and including the year 2051. 
Sec. 3. 
Powers of district. 
liiaia The district is aeteby 
author ized, in addition to all the powers and rights conferred 
under section 1 aeFeef, 
to take, 
collect, 
store, 
flow, 
use, 
detain, distribute and convey to the tewB Town of Lubec or any 
part taeFeef of the town water from any lake, pond, stream, or 
river or from any surface or underground brook, spring or vein of 
water in saia-~ewB the Town of Lubec and in ~Re-~ewB-ef Trescott 
Township and from the Orange FiveF River in Whiting, and is also 
author ized to locate, construct and maintain aqueducts, pipes, 
condui ts, 
standpipes, 
hydrants, 
pumping 
stations 
and 
other 
necessary structures and equipment 
~ae~efe~ necessary for 
the 
taking of water; 
and eFeet--po-l-e-&--aBa--l-i-ne-s--aBa do all things 
necessary 
to 
furnish 
waterT----~~~---~---FeweF 
for 
public purposes and for public health, comfort and convenience of 
the inhabitants of saia the 
districtT-~-~~-£~FFJy--eleetFie 
±i~at-~~~-~e-~~-~~~~&~&-ef-~~-~-ef-~-~-te 
tae-~~~~-±teseett-~-~ha~-Fa%~-~--WRi~iB~-k£ew£-~-WaitiB~ 
VU*a~e. 
Sec. 
4. 
Right of 
eminent 
domain 
conferred. 
The 
saia 
district, 
for 
the 
purposes 
of 
its 
incorporation, 
is 
aeFeby 
authorized to take and hold, as for public uses, by purchase, 
eminent domain, 
or otherwise, 
any land or interest taeFeiB ln 
land, 
or water rights necessary for pumping its water supply 
through its mains, for reservoirs, for preserving the purity of 
the water and watershed, for laying and maintaining aqueducts and 
other structures, for taking, distributing and disposing of water 
and for rights of way and roadways to its sources of supply, 
power 
stations, 
reservoirs, 
mains, 
aqueducts, 
structures 
and 
lands T and also all things necessary for 
supplying water 
as 
afeFesaiaT--~-~~---&aFFlyiB~--eJe€~%i€--~~~~~-~nG--FeweF. 
P~eviaeaT-~-r-Re~hi~~--he-Fe-iB---c-f>n-t-a-i-ne4--saa±± This section 
may not be construed as authorizing saia the district to take by 
right of eminent domain any of the property or facilities of any 
other public service corporation or district used or required for 
future 
use 
by 
the 
owner 
1:.aeteef 
of 
that 
public 
service 
corporation or district in performance of a public duty, unless 
expressly authorized .aetein by this section or by subsequent act 
of the le~isla1:Hte Legislature. 
Sec. 5. 
Authorized to lay mains, pipes, conduits, etc., 
through and upon public ways and across private lands. 
The saie 
district is .aetesy authorized to lay in and through and to erect 
upon the streets, roads, ways and highways of the 1:ewn Town of 
Lubec 
and other towns 
served by it and across private lands 
1:.aetein located in the Town of Lubec and other towns served by 
the district, and to maintain, repair and replace all SHe.a pipes, 
mains, conduits, aqueductsr-pe-;!.-e-s--anG--wiFesr and fixtures as may 
be 
necessary 
and 
convenient for its corporate 
purposes, 
and 
whenever saie the district s.aall-~ay lays any pipes, aqueducts r 
or 
conduits 
et--etee1:--~ele--lines in 
any street, 
roadway 
or 
highway, 
it shall cause the 
same to be 
done with as little 
obstruction as practicable to the public travel, and shall at its 
own 
expense, 
without unnecessary delay, 
cause 
the earth 
and 
pavement removed by it to be replaced in proper condition. 
Sec. 2. P&SL 1951. c. 92. §6, first sentence is amended to read: 
Af1:et-~~-eti~iRa~-~~~~-~B~--W~~~-~~~~~~--i&-~-iH 
see1:ieR-~-~-~~~~r-~a&-saie The districtL 
in exercising r 
from 
time to timer any right of eminent domain conferred upon it by 
law or through or under the franchise of Lubec acquired by the 
districtL 
shall 
file 
written 
application 
with 
the 
~H.9±ie 
H1:ili~ie&--£Bmmi5sien Public Utili ties Commission requesting its 
approval of the proposed taking. 
Sec. 3. P&SL 1951, c. 92, §9 is repealed and the following 
enacted in its place: 
Sec. 9. 
Board of trustees. 
The affairs of the district 
must be managed by a board of trustees composed of 3 members who 
must be residents of the district and reside in a household to 
which the district's service is provided. 
A municipal officer or 
holder of another 
town office of 
the 
Town 
of 
Lubec is not 
eligible to be 
a 
trustee, 
and, 
whenever 
a 
trustee becomes 
a 
municipal officer or is elected or appointed to 
and accepts 
another 
town 
office 
for 
the 
Town 
of 
Lubec, 
the 
trustee 
automatically ceases to be 
a 
trustee. 
The present board of 
trustees hold office as trustees for the terms for which they 
were elected and as each term expires one trustee must be elected 
by the ratepayers of the district, at a meeting called for that 
purpose, to serve for a term of 3 years. 
The trustees shall hold 
meetings in the Town of Lubec and may organize by the election of 
a president and a clerk, adopt a corporate seal and choose a 
treasurer and, 
when necessary, all other officers and agents, 
including a general manager, who, with the treasurer, shall serve 
at the trustees' pleasure and whose compensation is fixed by the 
trustees. 
The trustees are entitled to compensation for their 
services 
as 
determined by the trustees. 
Whenever 
a 
vacancy 
occurs in the office of the president, clerk, general manager or 
treasurer, that office must be filled by the board of trustees. 
If a 
vacancy occurs in the board of trustees, 
the 
remaining 
trustees may appoint a 
temporary trustee to fill the vacancy 
until the next regular meeting of the district. 
At that meeting, 
a trustee must be elected for the regular term and one to fill 
the term caused by the vacancy. 
Whenever a trustee ceases to be 
a resident of the district, the trustee vacates the office of the 
trustee. 
The trustees may also adopt bylaws as necessary for 
their own convenience and the proper management of the affairs of 
the district and may procure an office and incur expenses as 
necessary. 
The treasurer and the general manager shall furnish 
bond in a form and with sureties the trustees approve. 
Sec. 4. P&SL 1951, c. 92, §10 is amended to read: 
Sec. 10. 
Valid contracts of present companies to be assumed 
by district. 
All valid contracts now existing between bYBee the 
district and any persons or corporations for supplying waterr 
;!,~'9R~--and--f!eweJi'r in the 
~ewn Town of Lubec or elsewhere BRa;!,;!, 
must be assumed and carried out by Ba~e the district. 
Sec. 5. P&SL 1951. c. 92, §14, sub-§I is amended to read: 
I. 
To 
pay 
the 
current 
expenses 
for 
operating 
and 
maintaining the waterr-;!,i'9R~-ane-f!eweJi' system. 
Sec. 6. P&SL 1951, c. 92, §14, sub-§V is enacted to read: 
v. 
Notwithstanding any other provisions in this section, 
the district is authorized to hold all money received from 
the sale of that portion of the district's property formerly 
used to provide electric 
serv~ce and to continue to use 
these funds or any part of these funds, 
as the trustees 
determine advisable, 
for the extension or improvement of 
water service or as a means of delaying increases in rates 
for water service. 
The fund must be separately accounted 
for 
and its application must be overseen by the Public 
Utilities Commission. 
The district may, with consent of the 
Public Utili ties Commission, 
set aside 
some portion as 
a 
reserve with which to make the annual payment to the Town of 
Lubec required by Section 2 of this Charter. 
Sec. 7. 
Emergency clause; 
referendum; 
effective date. 
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 of the Town of Lubec at the next 
regular town meeting after 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 town clerk 
to post a new list of voters. 
The registrar of voters must be in 
session on the secular day next preceding the election. 
The town 
clerk shall prepare the required ballots, on which the town clerk 
shall reduce the subject matter of this Act to the following 
question: 
"Do you favor amending the Lubec Water and Electric District 
Charter to delete references to electric service?" 
The voters shall indicate by a cross or a check mark placed 
against the words "Yes" or "No" their opinion of the same. 
A 
check list must be used at the election. 
The result must be 
declared by the municipal officers and due certificate thereof 
filed with the Secretary of State by the clerk of the town. 
SUMMARY 
This bill amends the Charter of the Lubec Water and Electric 
District to take into account the sale of the district's electric 
business on August 1. 1990. 
The bill is subject to approval of 
the voters at referendum. 
The bill also amends the charter to 
reflect that the trustees must be residents of the district and 
are elected by the ratepayers of the district.