An Act To Amend the Charter of the Baileyville Utilities District (AFfER DEADLINE)
Maine Legislature, Session 121, LD 1608
Committee: Utilities and Energy
Sponsors: PERRY

Legislative Document 
No. 1608 
H.P.1182 
House of Representatives, May 7, 2003 
An Act To Amend the Charter of the Baileyville Utilities District 
(AFfER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the· Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative PERRY of Calais. 
Printed on recycled paper 
7Jf~/J7·111~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the Baileyville Utilities District and the Town of 
Baileyville wish to enter into a contract for the management, 
oversight and billing related to the functions of the sewer 
department; and 
Whereas, it is vital that this be done immediately for the 
benefit of the people of the town; 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 1975, c. 79, §2 is amended by adding at the end 2 
new paragraphs to read: 
The district is authorized to contract with the Town of 
Baileyville for the management. oversight and billing related to 
the functions of the Town of Baileyville sewer department. 
The 
district and 
the 
town shall set reasonable 
charges, 
as 
the 
parties agree, for performing these management services on behalf 
of the sewer department of the town. 
The district is authorized to take over, control, manage and 
operate the sewers owned by the Town of Baileyville with all 
appurtenances to the sewers to extend, 
increase. 
enlarge and 
improve the drains and sewers; to extend the present system or 
systems so as to furnish sewerage facilities to portions of the 
town not now served with such facilities; to provide for surface 
drainage 
as 
well 
as 
removal 
of 
sewage 
and 
to 
provide 
for 
treatment of sewage in whole or in part before discharging it 
into rivers if such treatment becomes necessary; and generally to 
provide a system of sanitary sewerage and storm water drainage 
for 
public 
purposes 
and 
for 
the 
health 
and 
comfort 
and 
convenience of the inhabitants of the district. 
Sec. 2. P&SL 1975, c. 79, §3, first 11 is amended to read: 
Sec. 3. Eminent domain. 
The sa:iEl. district, for the purposes 
of its incorporation, 
is 
se~eay authorized to take 
and hold 
within the area covered by the district as for public uses, real 
estate and personal estate and any interest 
~se~e:iB in real 
estate 
and 
personal estate necessary 
for 
such purposes, 
by 
purchase, 
lease 
or 
otherwise, 
and 
is 
aeFeay 
authorized 
to 
exercise the right of eminent domain as aeFeiB-afteF provided in 
this Act, to acquire for such purposes any lands or interest 
taeFeiB in lands or water rights necessary for erecting and 
maintaining dams, plants and works for flowage, for pumping, for 
supplying water through its mains, for reservoirs, for preserving 
the purity of the water and watershed, for laying and maintaining 
mains, aqueducts, electric pole lines and other structures for 
taking, distributing, discharging and disposing of water, sewage 
and electricity, for forming basins and reservoirs and electric 
pole lines, for erection of buildings for pumping works for use 
taeFeiB in the buildings, for laying pipes and maintaining same, 
and for laying and maintaining conduits for carrying, collecting 
and discharging water, for generating, filtering, rectifying and 
treating plants, works and facilities, for such other objects 
necessary, 
convenient 
and 
proper 
for 
the 
purposes 
of 
its 
incorporation and for rights-of-way or roadways to its sources of 
supply, dams, reservoirs, mains, aqueducts, structures, plants, 
works 
facilities, 
generation, 
transmission 
and 
distribution 
facilities and lands. 
Sec. 3. P&SL 1975, c. 79, §8 is amended to read: 
Sec. 8. District and town authorized to make contracts. 
Saia The 
district, through its trustees, is authorized to contract with 
persons and corporations, including saia the Town of Baileyville, 
and saia the Town of Baileyville is authorized to contract with 
it the district for the supply of water and electricity for 
municipal purposes. 
Saia The Town of Baileyville by vote of its 
town council is authorized to loan saia the district an amount 
not exceeding $40,000 to be used for engineering, accounting and 
legal 
expenses 
in 
connection 
with 
the 
organization 
of 
the 
district, acquiring of the assets of Woodland Water and Electric 
Company and studies and reports in connection taeFewita with the 
acquisition. 
Saia ~ 
loan or loans saall must be repaid by the 
district from its initial long-term financing. 
The district and 
the town are authorized to make contracts that are necessary to 
accomplish the purposes set forth in section 2, and the district 
shall receive an appropriate fee for services rendered under that 
contract. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
The Baileyville Utilities District is currently empowered to 
operate only water and electric utilities within the Town of 
Baileyville. 
The district and the Town of Baileyville seek to 
empower the district to also assume the role of managing the 
town's sewer department, currently owned by the town but managed 
by 
an outside independent contractor. 
This bill allows 
the 
district to 
acquire 
the 
sewer 
improvements if the 
town 
and 
district determine that this arrangement will better serve the 2 
entities and the residents.