An Act To Revise the Charter of the Kennebunk Sewer District
Maine Legislature, Session 122, LD 0982
Committee: Utilities and Energy
Sponsors: BABBIDGE, SULLIV AN, BURNS, COLLINS, DAIGLE, DAVIS, MAKAS, SEAVEY, WHEELER

Legislative Document 
No. 982 
H.P.692 
House of Representatives, February 24, 2005 
An Act To Revise the Charter of the Kennebunk Sewer District 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative BABBIDGE of Kennebunk. 
Cosponsored by Senator SULLIV AN of York and 
'71l~ /J1.11ltl£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BURNS of Berwick, COLLINS of Wells, DAIGLE of Arundel, DAVIS of 
Falmouth, MAKAS of Lewiston. O'BRIEN of Lewiston, SEAVEY of Kennebunkport, 
WHEELER of Kittery. 
Pnnted on ft'l.:yr.:leJ paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 
1. 
Territorial limits; 
corporate name; 
purposes. 
The 
inhabitants and territorial limits within that part of the Town 
of 
Kennebunk 
situated 
between 
the 
Atlantic 
Ocean 
and 
the 
southeasterly side of the Maine Turnpike and the territory of the 
Town of Kennebunk situated on the northwesterly side of the Maine 
Turnpike and described on the October 2004 Town of Kennebunk tax 
maps as follows: 
Map 020, Lot 001; 
P/O Map 020, Lot 002; Map 
027, Lot 014; Map 020, Lot 018; 
P/O 018, Lot 071; 
P/O 018, Lot 
067; Map 018, Lot 072; P/O 028, Lot 005; Map 027, Lot 005; Map 
027, Lot 004; Map 027, Lot 011; 
P/O 029, Lot 010; P/O 021, Lot 
098; Map 020, Lot 001; Map 020, Lot 002; Map 027, Lot 022; Map 
027, Lot 020; Map 027, Lot 019; Map 020, Lot 003; Map 020, Lot 
are made and declared to be a public sewerage district and a 
quasi-municipal 
corporation 
under 
the 
name 
"Kennebunk 
Sewer 
District" 
and 
is 
a 
system 
of 
public 
sewerage 
constructed, 
maintained and operated for the public health and welfare and for 
the benefits of the inhabitants and property in the district 
served by the sewerage facilities, in the manner and with the 
rights, duties and immunities as described in this Act and all 
applicable statutes. 
The district is authorized to provide services outside the 
territory of the district to school buildings and facilities 
owned 
by Maine 
School Administrative District No. 
and to 
municipal buildings and facilities owned by the Town of Kennebunk 
and may own such easements, rights of way, sewer lines and other 
facilities 
as 
are 
necessary 
or 
convenient 
to 
provide 
that 
service, 
but 
the 
cost 
of 
locating 
and 
constructing 
sewer 
facilities located outside the boundaries of the district for 
that purpose are borne entirely by Maine School Administrative 
District No. 71 or the Town of Kennebunk and any sewer facilities 
located outside the boundaries of the district for that purpose 
may be used only by Maine School Administrative District No. 71 
and the Town of Kennebunk. 
Sec. 2. 
Authority to construct and maintain. 
Inside 
the 
territory 
and 
outside 
the 
territory to 
serve 
buildings 
and 
facilities owned by Maine School Administrative District No. 
and the Town of Kennebunk, the district has the authority to lay 
pipes, drains, sewers and conduits, and to take up, repair and 
maintain the pipes, drains, sewers and conduits or to contract 
for the pipes, drains, sewers and conduits to be done, in, along 
and through any public or private ways and public grounds, and 
in, along and through lands of any person or corporation, to and 
into tidal waters, rivers, watercourses and treatment works or 
into any drain or sewer now or hereafter built that empties into 
tidal waters, 
rivers, 
watercourses 
and treatment works. 
The 
discharge from the pipes, drains, sewers and conduits must be at 
Page l-LR0818(1) 
• 
such points consistent with the requirements of public health as 
found convenient and reasonable for the district and the flow of 
existing watercourses. 
The district shall construct and maintain 
treatment 
works, 
pumping 
stations, 
basins, 
reservoirs, 
flush 
tanks 
and 
such 
other 
appliances 
for 
collecting, 
holding, 
purifying, 
distributing and disposing of 
sewerage matter 
and 
commercial and industrial waste and of storm and surface water, 
as may be necessary or proper. 
The district has the authority to 
do any or all other things necessary or incidental to accomplish 
the purposes of the district. 
The district has the authority to 
enter into a lease, leaseback and sale and sale and leaseback 
with respect to some or all of the district I s real or personal 
property and to take all other action necessary or desirable, 
including, but not limited to, the granting of mortgages or liens 
to effectuate the transaction. 
Sec. 3. Election of trustees; terms of office; meetings. 
All affairs 
of the district are managed by a board of trustees composed of 5 
members who must be residents of the district and elected as 
provided 
in this 
Act. 
The 
trustees 
holding office 
on 
the 
effective date of this Act shall continue to hold office until 
their terms expire. 
At each annual municipal election of the 
Town of Kennebunk, 
the voters of the district shall elect a 
trustee for the term of 5 years. 
If the Town of Kennebunk does 
not hold an annual election, the district shall arrange for an 
annual election to fill the trustee position that ends in that 
year and to fill any vacancy in the office of trustee. 
The 
trustees are nominated and elected under the same procedure as 
provided for the municipal officers of the town. 
If a vacancy 
arises in the membership of the board of trustees, the vacant 
office must be filled by the municipal officers until the next 
regular municipal election at which a trustee is elected to the 
unexpired term. 
All trustees are eligible for reelection, but 
municipal officers of the Town of Kennebunk are not eligible for 
nomination or election as trustees. 
After 
each 
annual 
municipal 
election 
of 
the 
Town 
of 
Kennebunk, 
the trustees shall organize 
by electing 
a 
chair, 
vice-chair, 
treasurer 
and 
clerk. 
The 
trustees 
may 
adopt 
a 
corporate seal and, 
when necessary, 
may 
choose other needful 
officers and agents for the proper conduct and management of the 
affairs 
of 
the district 
and 
fix 
any 
compensation 
for 
such 
officers or agents, who serve at the pleasure of the board. 
The 
treasurer shall furnish bond or insurance in such a sum and with 
such sureties as the trustees approve, the cost of the bond or 
insurance to be paid by the district. 
The trustees serve with 
such compensation as they determine, subject to the approval of a 
majority of the municipal officers of the Town of Kennebunk. 
The trustees are sworn 
duties, which include the 
clerk or clerk pro tern. 
to the faithful performance of their 
duties of any member who serves as 
At the close of each fiscal year, the trustees shall make a 
detailed 
report 
of 
their 
activities, 
of 
the 
receipts 
and 
expenditures 
of 
the district, 
of its financial 
and physical 
condition and of other matters 
and things pertaining to the 
district and shall file the report with the municipal authorities 
for inclusion in the report of the Town of Kennebunk. 
Sec. 4. Meetings of district. 
The trustees of the district may 
call meetings 
of 
the district at 
any 
time. 
Notice 
of 
the 
meeting, 
signed by the chair or clerk of the board, 
must be 
conspicuously posted at the Kennebunk Town Hall not less than 7 
days 
before 
the meeting 
and 
must state the 
business 
to 
be 
transacted at the meeting. 
On written petition of 25°0 of the voters of the district, 
the trustees shall call a meeting of the district within 60 days. 
All persons resident in the district and qualified to vote 
for Governor under the laws of this State are entitled to vote in 
any meeting of the district. 
Sec. 5. Meetings of trustees. 
The trustees of the district may 
call meetings of the board of trustees at any time. 
Notice of 
the regularly scheduled meetings of the board, 
signed by the 
chair or clerk of the board, must be posted at the offices of the 
district and the Kennebunk Town Hall not less than 7 days before 
the meeting and must state the business to be transacted at any 
such meeting. 
Special meetings of the board may be called as are regularly 
scheduled meetings, but on one day's notice. 
In the event of an emergency meeting, local representatives 
of 
the 
media 
must 
be 
notified 
of 
the 
meeting, 
whenever 
practical. 
Notification must include time and location and must 
be in the same manner as used to notify the members of the 
board. 
The minutes of an emergency meeting must state the reason 
for the meeting. 
Sec. 6. Registration of voters of district. 
The preparation and 
correction of lists of the persons qualified to vote in the 
district is the responsibility of the registrar of the Town of 
Kennebunk as defined in the Maine Revised Statutes, Title 21-A, 
section 1, subsection 38 and must be performed under the same 
procedure 
governing 
the 
preparation 
and 
correction 
of 
• 
lists of persons qualified to vote 
meetings of the district are presided 
in the same manne rand with the same 
town meetings. 
in town 
over by a 
authority 
elections. 
All 
moderator chosen 
as moderators of 
Sec. 7. Recall. 
The trustees may be recalled in accordance 
with the following provision. 
1. 
The qualified electors of the district may petition for 
the recall of a trustee after the first year of the term for 
which the trustee is elected by filing a 
petition with the 
municipal clerk demanding the recall of the trustee. 
A trustee 
may 
be 
subject 
to 
recall 
for 
misfeasance, 
malfeasance 
or 
nonfeasance in office. 
The petition must be signed by electors 
equal to at least 25% of the vote cast for the office of Governor 
at the last gubernatorial election within the district. 
The 
recall petition must state the reason for removal. 
2. 
Within 3 business days after the petition is offered for 
filing, 
the 
municipal 
clerk 
shall 
determine 
by 
careful 
examination whether the petition is sufficient and so state in a 
certificate attached to the petition. 
If the petition is found 
to be insufficient, the certificate must state the particulars 
creating the 
insufficiency. 
The petition may 
be 
amended 
to 
correct an insufficiency within 5 days following the affixing of 
the original certificate. 
Within 2 days after the offering of 
the 
amended petition for filing, 
the petition must again be 
carefully examined to determine sufficiency and a certificate 
stating the findings must be attached. 
Immediately upon finding 
JO 
an original or amended petition sufficient, the municipal clerk 
shall file the petition and call a special election to be held 
J2 
not less than 40 days nor more than 45 days from the filing 
date. 
The municipal clerk shall notify the trustee against whom 
the recall petition is filed of the special election. 
lfi 
3. 
The trustee against whom the recall petition is filed is 
a candidate at the special election without nomination, unless 
]g 
the trustee resigns within 10 days after the original filing of 
the petition. 
There is no primary. 
Candidates for the office 
may be nominated under the usual procedure of nomination for 
trustees by filing nomination papers, not later than 5 p.m., 4 
weeks preceding the election and having their names placed on the 
ballot at the special election. 
4. 
The trustee against whom 
a 
recall petition has been 
filed shall continue to perform the duties of the trustee's 
office until the result of the special election is officially 
declared. 
The person receiving the highest number of votes at 
the special election is declared elected for the remainder of the 
term. 
If the incumbent receives the highest number of votes, the 
incumbent continues in office. 
If another candidate receives the 
highest number of votes, the other person succeeds the incumbent 
within 10 days after receiving notification. 
5. 
After 
one 
recall petition and special election, 
no 
further recall petition may be filed against the same trustee 
during the term for which the trustee was elected. 
Sec. 8. Right of eminent domain. 
The authority and procedures 
for the exercise of eminent domain by the district must conform 
to the Maine Revised Statutes, Title 38, sections 1152, 1152-A, 
1153 and 1154. 
The district may not take by right of eminent 
domain any of the property or facilities of any other public 
utility used or acquired for future use by the public utility in 
the performance of a public duty, unless expressly authorized by 
a special act of the Legislature. 
Sec. 9. Crossing other public utility. 
If a sewer line of the 
district crosses the property or line of another public utility, 
unless consent is given by the other public utility as to the 
place, manner and conditions of the crossing within 30 days after 
consent is 
requested 
by 
the district, 
the 
Public Utilities 
Commission shall determine the place, manner and conditions of 
the crossings. 
Any work on the property of that public utility 
must be done under the supervision and to the satisfaction of the 
public utility, but at the expense of the district. 
If a sewer 
line of the district as provided in this section crosses the 
property or line of a railroad corporation, the procedure is the 
same as stated in this section, except that the Department of 
Transportation is substituted for the Public Utilities Commission. 
Sec. 10. Rights and obligations of abutters and others to enter. 
A 
person may not connect a private sewer to a district sewer until: 
1. 
The private sewer has 
agent of the district and that 
that the private sewer has been 
and meets all requirements 
and 
regulations; 
been inspected by a designated 
agent has ce rti f ied in wr i ting 
constructed in compliance with 
conditions of 
the district's 
2. 
The person has paid or has made arrangements acceptable 
to the district to pay all assessments, 
impact fees or other 
charges the district imposes when a private sewer is connected to 
any of the district sewers; and 
3. 
The person has obtained a permit in writing permitting 
the connection from the trustees. 
Before a permit is issued, the 
clerk or the clerk's designee for the district shall record the 
permit in the district's records. 
Every building in the district intended for human habitation 
or occupancy or with facilities for discharge or disposal of 
sewage or commercial or industrial waste accessible to a sewer of 
the district must, in the most direct manner possible, connect to 
the district sewer within 
days 
after receiving 
from 
the 
district a request to connect or within such further time as the 
trustees of the district may grant. 
Whenever feasible, 
each 
building must 
have 
a 
separate 
connection 
to 
the district's 
sewer. 
A building is considered accessible to a sewer of the 
district if the building is at any point wi thin 200 feet of a 
district sewer or if any private sewer or drain directly or 
indirectly connected to the building or carrying wastewater or 
commercial or industrial waste from the building comes within 200 
feet of a district sewer. 
This section does not require the 
owner of a building to acquire any real property or easement for 
the sole purpose of making the connection. 
Existing buildings that are already served by 
a private 
sewer system are not required to connect with any sewer or drain 
of the district as long as the private sewer or drainage system 
functions in a satisfactory and sanitary manner and does not 
violate 
any 
law 
or 
applicable 
ordinance 
or 
any 
applicable 
requirements of the Maine State Plumbing Code, as determined by 
the 
municipal 
plumbing 
inspector, 
the 
plumbing 
inspector's 
alternate or, in the event that both are trustees or employees of 
the district, the Department of Health and Human Services, Bureau 
of Health, Division of Health Engineering. 
Sec. 11. Contracts authorized. 
The district is authorized to 
contract with 
persons, 
corporations, 
districts, 
the 
Town 
of 
Kennebunk and other municipalities, both inside and outside the 
boundaries of the district, and with the State Government and 
Federal 
Government or 
any 
agency 
of either, 
to provide 
for 
disposal 
of 
sewage 
and 
commercial 
and 
industrial wastewater 
through the district's system and through the system owned by any 
such person, corporation, district or other municipality. 
Every 
other district and municipality of the State may contract with 
the district for 
the collection, distribution, 
treatment 
and 
disposal of sewage and commercial and industrial wastewater, and 
for those purposes any such municipality may raise money as for 
other municipal charges. 
Sec. 12. 
enters, digs 
purpose 
of 
Condition for carrying out work. 
up or excavates a public way or 
laying 
its 
sewers, 
drains 
When the district 
other land for the 
or 
pipes 
or 
constructing or maintaining manholes or catch basins or their 
appurtenances or for any other purpose, the work must be done 
expeditiously. 
Upon completion of the work, the district shall 
restore the way or land to the condition it was in prior to the 
work or to a condition equally as good. 
Whenever the character 
of the work is such that it endangers travel on a public way, the 
municipal officers of the Town of Kennebunk may order a temporary 
closing of the way and of any intersecting way upon request of 
the district. 
The way must remain closed to public travel until 
the municipal officers determine it restored to a condition safe 
for traffic. 
Sec. 13. Enforcement of laws and rules. 
engineer or other official designated by 
authority to enforce the provisions of 
adopted under this Act may: 
The district manager, 
distr ict rule with the 
this Act or the rules 
1. 
With the consent of the owner, occupant or agent or 
pursuant to an administrative inspection warrant issued by 
a 
District Court Judge as provided in the Maine Rules of Civil 
Procedure, Rule 80E, enter at reasonable hours any property or 
building to inspect the property or building for compliance with 
the district's rules. 
A district official's entry onto property 
under this paragraph is not a trespass; 
2. 
Issu.e a summons to any person who violates this Act or 
any district rule; and 
3. 
Represent 
the 
district 
prosecution of alleged violations 
rule. 
in 
District 
Court 
of this Act or any 
in 
the 
district 
A person, 
including without limitation a 
landowner, 
the 
landowner's agent or a contractor, who violates a provision of 
this Act or a district rule or injures the district's property by 
discharging or otherwise permitting an offensive or injurious 
material or matter to enter the district's system is liable for a 
minimum civil penalty of $100 and a maximum civil penalty of 
$2,500 per day for each violation; damages to compensate the 
district for injury to its property; the expenses, including a 
reasonable amount for administration and overhead, the district 
incurs to abate the violation; a temporary restraining order, to 
enjoin, 
correct 
or 
abate 
the 
violation; 
and 
an 
award 
of 
reasonable attorney's fees, expert fees, interest and costs. 
All proceedings arising under this Act or the district's 
rules are brought in the name of the district in the District 
Court. 
All fines, damages and awards of expenses for the cost to 
abate a violation, awards of attorney's fees, expert fees, costs 
and interest must be paid to and are the property of the district. 
The district may seek in a civil action injunctive relief 
from an industrial user that violates any pretreatment standard 
or requirement administered by the district. 
The district may 
seek a civil penalty of up to $1,000 a day for each violation by 
an industrial user of the pretreatment standard or requirement. 
Sec. 14. Property tax exemption. 
The property and franchises 
of the district are forever exempt from taxation. 
Sec. 15. Bonds and notes. 
The district may authorize bonds 
and notes. 
1. 
The district may provide by resolution of its board of 
trustees, without district vote, except as provided in section 
16, for the borrowing of money and the issuance from time to time 
of bonds, subject to the debt limitation set in this section, for 
any of its corporate purposes, including, but not limited to: 
A. 
Paying and refunding its indebtedness; 
B. 
Paying any necessary expenses and liabilities, whether 
incurred by the district or the Town of Kennebunk, 
the 
district being authorized to reimburse the Town of Kennebunk 
for any such expenses incurred or paid by it; 
C. 
Paying 
costs 
directly or 
indirectly associated with 
acquiring properties, paying damages, laying sewers, drains 
and conduits, constructing, maintaining and operating sewage 
and 
treatment 
plants 
or 
systems 
and 
making 
renewals, 
additions, 
extensions 
and 
improvements 
to 
the 
same 
and 
covering interest payments during the period of construction 
and for the period after construction as the trustees may 
determine; and 
D. 
Providing 
reserves 
for 
debt 
service, 
repairs 
and 
replacements or other capital or current expenses as may be 
required by a trust agreement or resolution securing bonds. 
Bonds may be issued as general obligations of the district or as 
special obligations payable solely from particular funds. 
The 
total outstanding and unpaid indebtedness of the district may not 
at anyone time exceed the sum of $16,000,000. 
The principal of 
and premium if any and interest on all bonds are payable solely 
from 
the 
funds 
provided 
for 
that 
purpose 
from 
revenues. 
"Revenues" 
means 
and 
includes 
the 
proceeds 
of 
bonds, 
all 
revenues, rates, fees, 
other receipts derived 
sewer system and other 
entrance charges, assessments, rents 
by the district from the operation of 
properties, including, but not limited 
and 
its 
to, 
investment earnings and the proceeds of insurance, condemnation 
and sale of or other disposition of properties. 
All bonds issued 
by the district are legal obligations of the district. 
Bonds may 
be issued without obtaining the consent of a commission, board, 
bureau or agency of the State or the Town of Kennebunk 
and 
wi thout any proceedings, limitations or conditions to meet other 
than those specifically required under this Act. 
Bonds issued 
under this Act do not constitute a debt or liability of the State 
or the Town of Kennebunk or a pledge of the faith and credit of 
the State or the municipality, but the bonds are payable solely 
from the funds provided for that purpose, and a statement to that 
effect must be recited on the face of the bonds. 
2. 
The district may also provide by resolution of its board 
of trustees, without district vote, for the issuance from time to 
time of notes in anticipation of bonds authorized under this 
section and of notes 
in anticipation of the 
revenues 
to be 
collected or received in any year or in anticipation of the 
receipt of federal or state grants or other aid. 
The issuance of 
these notes is governed by the applicable provisions of this 
section relating to the issuance of bonds, except that notes in 
anticipation of revenue must mature no later than one year from 
their 
respective 
dates 
and 
notes 
issued 
in 
anticipation of 
federal or state grants or other aid and renewals must mature no 
later than the expected date of receipt of those grants or aid. 
Notes in anticipation of revenue issued to mature less than one 
year from their dates may be renewed from time to time by the 
issuance of other notes, except that the period from the date of 
an original note to the maturity of any note issued to renew or 
pay the same or the interest on the note may not exceed one year. 
The district is authorized to enter into agreements with the 
State or the United States, or any agency of either, or any 
municipality, 
corporation, 
commission 
or 
board 
authorized 
to 
grant or loan money to or otherwise assist in the financing of 
projects of the type the district is authorized to carry out and 
to accept grants and borrow money from the government, agency, 
municipality, 
corporation, 
commission 
or 
board 
necessary 
or 
desirable to accomplish the purposes of the district. 
3. 
The bonds 
issued under this section must be dated, 
mature at a time or times not exceeding 40 years from their date 
or dates and bear interest at a rate or rates determined by the 
board of trustees. 
The 
bonds 
may be 
made 
redeemable before 
maturity, at the option of the district, at a price or prices and 
under any terms and conditions as may be fixed by the board of 
trustees prior to the issuance of the bonds. 
The board of 
trustees shall determine the form of the bonds, 
including any 
interest coupons to be attached to the bonds, and the manner of 
• 
execution 
of 
the 
bonds 
and 
shall 
fix 
the 
denomination 
or 
denominations of the bonds and the place or places of payment of 
principal and interest, which may be at any bank or trust company 
inside or outside the State. 
Bonds are executed in the name of 
the district by the manual or facsimile signature of the officer 
or officers authorized in the resolution to execute the bonds. 
One signature on each bond must be a manual signature. 
Coupons, 
if any, attached to the bonds must be executed with the facsimile 
signature of the officer or officers of the district designated 
in the resolution. 
If the officer whose signature or a facsimile 
of whose signature appears on any bonds or coupons ceases to be 
an officer before the delivery of the bonds, the signature or its 
facsimile is valid and sufficient for all purposes as if the 
officer 
had 
remained 
in 
office 
until 
the 
delivery. 
Notwithstanding any of the other provisions in this Act or any 
recitals on any bonds issued under this section, all bonds are 
deemed 
to 
be 
negotiable 
instruments under 
the 
laws 
of this 
State. 
The bonds may be issued in coupon or registered form, or 
both, as the board of trustees may determine. 
Provision may be 
made for the registration of any coupon bonds as to principal 
alone 
and 
as 
to 
both 
principal 
and 
interest 
and 
for 
the 
reconversion into coupon bonds of any bonds registered as to both 
principal and interest. 
The board of trustees may sell bonds in 
that manner, either at public or private sale at a price as it 
determines to be in the best interest of the district. 
The 
proceeds of the bonds of each issue must be used solely for the 
purpose 
for 
which 
those 
bonds 
are 
authorized 
and 
must 
be 
disbursed in such a manner and under such restrictions as the 
board of trustees provides in the resolution authorizing the 
issuance of the bonds or in the trust agreement securing the 
bonds. 
The resolution providing for the issuance of bonds and 
any 
trust 
agreement 
securing 
the 
bonds 
may 
contain 
such 
limitations upon the issuance of additional bonds as the board of 
trustees determines proper. 
The additional bonds must be issued 
under 
such 
restrictions 
and 
limitations 
prescribed 
by 
that 
resolution or trust agreement. 
Prior to the preparation of 
def ini ti ve 
bonds, 
the 
board 
of 
trustees 
may, 
under 
like 
restrictions, issue interim receipts or temporary bonds, with or 
without coupons, 
exchangeable for definitive bonds when those 
bonds are executed and are available for delivery. 
The board of 
trustees may provide for the replacement of any bond that is 
mutilated, destroyed or lost. 
4. 
In the discretion of the board of trustees, any issue of 
bonds may be secured by a trust agreement by and between the 
distr ict and a corporate trustee that may be any trust company 
inside or outside the State. 
The resolution authorizing the issuance of the bonds or the trust 
agreement may pledge or assign, in whole or in part, the revenues 
and other money held or to be received by the district and any 
account and contract or other rights to receive the same, whether 
then existing or coming into existence and whether then held or 
acquired by the district, and the proceeds from the bonds, but 
the resolution or trust agreement may not conveyor mortgage the 
sewer 
system or 
any other properties of 
the district. 
The 
resolution 
may 
also 
contain 
provisions 
for 
protecting 
and 
enforcing the rights and remedies of the bondholders that are 
reasonable and proper and not in violation of law, including, but 
not 
limited to, 
covenants 
setting forth 
the 
duties 
of 
the 
district 
and 
the 
board 
of 
trustees 
in 
relation 
to 
the 
acquisition, 
construction, 
reconstruction, 
improvement, 
repair, 
maintenance, operation and assurance of its sewer system or any 
of its other properties; the fixing and revising of rates, fees 
and 
charges; 
the application of 
the 
proceeds 
of 
bonds; 
the 
custody, safeguarding and application of revenues; the defining 
of defaults and providing for remedies in the event of defaults, 
which 
may 
include 
the 
acceleration 
of 
maturities; 
the 
establishment 
of 
reserves; 
and 
the 
making 
and 
amending 
of 
contracts. 
The resolution or trust agreement may set forth the 
rights 
and 
remedies of the bondholders 
and of the corporate 
trustee, if any, and may restrict the individual right of action 
by bondholders 
as is customary in trust agreements or trust 
indentures securing bonds 
or debentures 
of corporations. 
In 
addition, 
the resolution or trust agreement may contain such 
other provisions as the board of trustees determines reasonable 
and proper for the security of the bondholders. 
All expenses 
incurred in carrying out the resolution or trust agreement may be 
treated as a part of the cost of operation. 
The pledge by any 
resolution or trust agreement is valid and binding and is deemed 
continuously perfected for the purposes of the Uniform Commercial 
Code from the time when the pledge is made. 
All revenues, money, 
rights and proceeds so pledged and received by the district are 
immediately 
subject 
to 
the 
lien of 
the 
pledge 
without 
any 
physical delivery or segregation of the pledge or further action 
under the Uniform Commercial Code or otherwise. 
The lien of the 
pledge is valid and binding against all parties having claims of 
any kind in tort, contract or otherwise against the district 
irrespective of whether those parties have notice of the lien of 
the pledge. 
The resolution authorizing the issuance of bonds under this Act, 
or any trust agreement securing those bonds, may provide that all 
or a 
sufficient amount of revenues, 
after providing for 
the 
payment of the cost of repair, maintenance and operation and 
reserves for the payment as may be provided in the resolution or 
trust agreement, is set aside at such regular intervals as may be 
provided in the resolution or trust agreement and deposited in 
Page Il-LROBIB(l) 
the credit of a fund for the payment of the interest on and the 
principal of bonds issued under this chapter as the principal 
becomes due and the redemption price or purchase price of bonds 
retired by call or purchase. 
The use and disposition of money to 
the credit of the fund is subject to such regulations as may be 
provided in the resolution authorizing the issuance of the bonds 
or in the trust agreement securing the bonds and, except as may 
otherwise be provided in the resolution or trust agreement, the 
fund is a fund for the benefit of all bonds without distinction 
or priority of one over another. 
5. 
Notwithstanding any other provision of law, all money 
received pursuant to the authority provided under this Act is 
deemed to be trust funds, 
to be held and applied solely as 
provided in this Act. 
The resolution authorizing the issuance of 
bonds or the trust agreement securing the bonds must provide that 
any officer to whom, or bank, trust company or other fiscal agent 
to which, the money is paid acts as trustee of the money and 
shall hold and apply the same for the purposes of this Act, 
subject to such regulations as may be provided in the resolution 
or trust agreement or as may be required under this Act. 
6. 
A holder of bonds issued under this Act or of any of the 
coupons appertaining to the bonds or a corporate trustee under 
any trust agreement, except to the extent the rights given may be 
restricted by the resolution authorizing the issuance of those 
bonds or trust agreement, may, either at law or in equity, by 
suit, action, mandamus or other proceeding, including proceedings 
for the appointment of a receiver to take possession and control 
of the properties of the district, protect and enforce any and 
all rights under the laws of the State or granted under this Act 
or under the resolution or trust agreement. 
The holder of bonds 
and the trustee under any trust agreement may enforce and compel 
the performance of any duty required by this Act or by the 
resolution or trust agreement to be performed by the district or 
by any officer of the district, including the fixing, charging 
and collecting of rates, fees and charges for the use of or for 
the services and facilities furnished by the district. 
7. 
The board of trustees by resolution, without district 
vote, may issue refunding bonds for the purpose of paying any of 
its bonds at maturity or upon acceleration or redemption. 
The 
refunding bonds may be issued at such time prior to the maturity 
or redemption of the refunded bonds as the board of trustees 
determines to be in the public interest. 
The refunding bonds may 
be issued in sufficient amounts to payor provide the principal 
of the bonds being refunded, together with any redemption premium 
on the bonds, any interest accrued or to accrue to the date of 
payment of those bonds, the expenses of issue of the refunding 
bonds, the expenses of redeeming the bonds being refunded and 
such 
reserves 
for 
debt 
service or other capital or 
current 
expenses from the proceeds of such refunding bonds as may be 
required by a trust agreement or resolution securing bonds. 
The 
issuance of refunding bonds, the maturities and other details of 
the refunding bonds, the security for refunding the bonds, the 
rights of the holders of the refunding bonds and the rights, 
duties and obligations of the district in respect of the same are 
governed by the applicable provisions of this section relating to 
the issuance of bonds other than refunding bonds. 
8. 
All bonds, 
notes or other evidences of indebtedness 
issued under this Act, their transfer and the income from the 
bonds, notes or other evidences of indebtedness, including any 
profi t 
made on the sale of bonds, notes or other evidences of 
indebtedness, must at all times be free from taxation within the 
State. 
Sec. 16. 
Certain bond issues: special meeting; vote. 
I f 
the 
trustees 
vote 
to 
authorize 
bonds 
or 
notes 
for 
any 
of 
the 
corporate purposes of the sewer district, excluding notes payable 
within 
one 
year, 
notes 
in anticipation of 
bonds 
authorized 
pursuant to this Act, notes in anticipation of the revenues to be 
collected or received in any year and notes in anticipation of 
the receipt of approved federal or state grants, the authorized 
amount of which singly or in aggregate 
included in anyone 
financing is $150,000 or more, the trustees must call a special 
district meeting for the purpose of permitting the collection of 
testimony from the public concerning the purpose and the amount 
of debt so authorized. 
Notice of the special district meeting, 
stating the approximate amount of the debt and the purpose for 
which it is being issued, must be published not less than 7 full 
days prior to the date of the meeting in a newspaper having 
general circulation in the district and must be mailed to each 
ratepayer 
in 
the district not 
later 
than 
the 
date 
of 
the 
publication. 
A debt may not be incurred under the vote of the 
trustees until the expiration of 7 full days following the date 
of the special district meeting. 
Except for debt to fund that part of any project that has 
been approved for grant financing by the State Government or 
Federal Government to meet the requirements of the United States 
Clean Water Act and the Maine Revised Statutes, Title 38, chapter 
12, 
including 
any 
related facilities 
not eligible 
for 
that 
financing but essential to the operation of the approved project 
as 
an 
integral 
system, 
for 
debts 
in excess 
of 
the 
amount 
specified in this section, the following petition and referendum 
procedure applies. 
If, on or before the 7th day following the 
date of the special district meeting, 
a petition signed by at 
B 
.. 
~~ l3 
'!2 
least 5%, but not fewer than 50, of the registered voters of the 
district is filed with the clerk of the district requesting 
reference of the vote of the trustees to referendum, the clerk of 
the district shall call and hold a special election of the voters 
of the district for the purpose of submitting to referendum vote 
a question of approving the vote of the trustees. 
The vote of 
the trustees is suspended until it has received approval by vote 
of 
a 
majority of the voters of the district voting on the 
question at the special election. 
Sec. 17. Rates. 
All persons, firms and corporations, whether 
public, private or municipal, shall pay to the treasurer of the 
district the rates, tolls, rents, entrance charges, impact fees 
and other lawful charges established by the trustees for the 
sewer or drainage service used or available with respect to their 
real 
estate. 
The 
rates 
include 
rates 
for 
the 
district's 
readiness to serve charged owners of real estate abutting on or 
accessible to sewers or drains of the district but not actually 
connected to the district, whether or not such real estate is 
improved. 
For the purposes of this Act, "other lawful charges" 
and "other charges" include interest on delinquent accounts at a 
rate not to exceed the highest lawful rate set by the Treasurer 
of State for municipal taxes. 
Rates, tolls, rents, impact fees and entrance charges must 
be uniform within the district when both the cost to the district 
of installation and maintenance of sewers or their appurtenances 
and 
the 
cost of service are substantially uniform. 
Nothing 
precludes the district from establishing a 
rate, toll, 
rent, 
impact fee or entrance charge higher than the regular rates, 
tolls, rents, impact fees and entrance charges in sections where, 
for any reason, the cost to the district of construction and 
maintenance, or the cost of service, exceeds the average. 
The 
higher rates, tolls, rents, impact fees and entrance charges must 
be uniform throughout the sections where they apply. 
Prior to the adoption of a new rate schedule, the trustees 
shall 
hold 
a 
public 
hearing 
regarding 
the 
proposed 
rate 
schedule. 
The trustees shall publish the proposed rates 
and 
notice of the hearing not less than once in a newspaper having a 
general circulation in the district not less than 7 days prior to 
the hearing. 
The district shall mail to each ratepayer a notice 
of the public hearing and the proposed new rate at least 14 days 
prior to the hearing. 
The sewer rates, tolls, rents, impact fees, entrance charges 
and other lawful charges established by the board of trustees in 
accordance with this Act must be fixed and adjusted with respect 
Page l4-LR08l8(1) 
to the 
entrance 
together 
aggregate of the rates, tolls, rents, 
impact fees and 
charges so as to produce revenue at least sufficient, 
with any other money available to produce revenue, to: 
1. 
Pay the current expenses of operating and maintaining 
the sewerage, drainage and treatment system of the district: 
2. 
Pay the principal of and premium if any and interest on 
all bonds and notes issued by the district as they become due and 
payable; 
3. 
Create and maintain such reserves as may be required by 
the trustees or any trust agreement or resolution securing bonds 
and notes: 
4. 
Provide 
funds 
for 
paying the cost of 
repairs, replacements and renewals of the sewerage, 
treatment systems of the district: 
all necessary 
drainage and 
5. 
Payment of obligations. Payor provide for any amounts 
that the district may be obligated to payor provide for by law 
or contract, including any resolution or contract with or for the 
benefit of the holders of its bonds and notes: and 
6. 
Provide revenue in order to pay all or part of the 
present or projected cost to improve, 
enlarge or expand the 
district's system, including payment of interest accruing on any 
indebtedness for such purposes. 
Sec. 18. Assessments. 
When the district formed under this Act 
has constructed and completed a common sewer, the trustees may, 
in order to defray a portion of the expense of the construction 
of a sewer, determine what lots or parcels of land are benefited 
by the sewer and estimate and assess upon the lots and parcels of 
land, and against the owners of the lots and parcels of land, or 
person in possession or against whom taxes are assessed, whether 
the person to whom the assessment is made is the owner, tenant, 
lessee or agent and whether the same is occupied or not, a sum 
not exceeding the benefit as the trustees may determine just and 
equitable 
towards 
defraying 
the 
expense 
of 
constructing 
and 
completing the sewer, together with such sewage disposal uni ts 
and appurtenances as may be necessary. 
The assessments may not 
exceed the cost of the sewer and sewage disposal units. 
The 
trustees shall file with the clerk of the district the location 
of the sewer and sewage disposal unit, with a profile description 
of the same, a statement of the 
amount assessed upon each lot or 
parcel of land so assessed, a description of each lot or parcel 
and the name of the owner of the lots or parcels of land or 
person 
against 
whom 
the 
assessment 
• 
is made. 
The clerk of the district shall record that information 
in a 
book kept for that purpose. 
Within 10 days after the 
filing, each person assessed must be notified of the assessment 
by having an authentic copy of the assessment, with an order of 
notice signed by the clerk of the district, stating the time and 
place for a hearing upon the subject matter of the assessments, 
given to each person so assessed or left at the person's usual 
place of abode in the district. 
If the person has no place of 
abode in the district, then the notice must be given or left at 
the abode of the person's tenant or lessee if the person has one 
in the district. 
If the person has no tenant or lessee in the 
district, then notice must be posted in some conspicuous place in 
the vicinity of the lot or parcel of land so assessed at least 30 
days before the hearing. 
The notice may be given by publishing 
it once a week for 3 successive weeks in any newspaper of general 
circulation in the district, the first publication to be at least 
days before the hearing. 
A return made upon a copy of the 
notice by a constable in a municipality within the district or by 
a sheriff or deputy sheriff or the production of the newspaper 
containing the notice is conclusive evidence that the notice has 
been given. 
At the hearing, the trustees have the authority to 
revise, increase or diminish any of the assessments, 
and all 
revisions, 
increases 
or 
diminutions 
must 
be 
in writing 
and 
recorded by the clerk of the district. 
Sec. 19. 
Appeal on assessment. 
A person 
aggrieved 
by 
a 
decision of the trustees as it relates to an assessment for sewer 
construction has the same rights of appeal as are provided in the 
case of laying out town ways. 
Sec. 20. Lien for unpaid assessments. 
All assessments create a 
lien upon 
each lot or parcel 
of 
land 
so 
assessed 
and 
the 
buildings upon the same. 
The lien takes effect when the trustees 
file with the clerk of the district the completed assessment and 
continues for one year thereafter. 
Within 10 days after the date 
of hearing on the assessment, the clerk of the district shall 
make out a list of all assessments, the amount of each and the 
names of the persons against whom those assessments are assessed, 
and the clerk shall certify the list and deliver it to the 
treasurer of the district. 
If the assessments are not paid 
within 3 months from the date of notice, the treasurer may bring 
a civil action for the collection of the assessments in the name 
of the district against the persons against whom the assessments 
are made and for the enforcement of the liens. 
The complaint ln 
an 
action 
must 
contain 
a 
statement 
of 
the 
assessment, 
a 
description of the real estate against which the assessment is 
made and an allegation that a lien is claimed on the real estate 
to secure the payment of the assessment. 
If no service is made 
upon 
the 
defendant 
or 
it 
appears 
that 
another 
person 
is 
Page l6-LR0818(1) 
interested in the real estate, the court shall order further 
notice of the action as appears proper and shall allow the other 
person to become party to the action. 
If it appears upon trial 
of the action that the assessment was legally made against the 
real estate and is unpaid and that there is an existing lien on 
the real estate for the payment of the assessment, judgment is 
rendered for the assessment, interest and costs of suit against 
the 
defendants 
and 
against 
the 
real 
estate 
upon 
which 
the 
assessment was made. 
Execution must issue on the real estate to 
be enforced by sale of the real estate in the manner provided for 
a sale on execution of real estate attached on original process. 
In making the sale, the officer shall follow the procedure in 
selling and conveying and the same rights of redemption apply as 
provided in the Maine Revised Statutes, Title 36, section 941. 
Sec. 21. Civil action for unpaid assessments. 
If an assessment is 
not paid and the district does not proceed to collect unpaid 
assessments by proceedings as prescribed in section 20 or does 
not collect or is in any manner delayed or defeated in collecting 
the assessments by the proceedings, then the district in its name 
may maintain a civil action against the party so assessed for the 
amount of the assessment as for money paid, laid out and expended 
in any court of competent jurisdiction. 
The district may recover 
the amount of the assessment with 1040 interest on the same from 
the date of the assessment and costs. 
Sec. 22. Collection of unpaid rates. 
There is a lien on real 
estate served or benefited by the sewers of the district to 
secure the payment of rates, tolls, rents, impact fees, entrance 
charges and other charges established and due under this Act. 
The lien takes precedence over all other claims on the real 
estate excepting only claims for taxes. 
The 
treasurer 
of 
the 
district 
has 
full 
and 
complete 
author i ty and power to collect the rates, tolls, rents, impact 
fees, entrance charges and other charges established under this 
Act, and they must be committed to the treasurer. 
The treasurer 
may, after demand for payment, sue in the name of the district in 
a civil action for any rate, toll, rent, impact fee, entrance 
charge or other charge remaining unpaid in any court of competent 
jurisdiction. 
In addition to other methods established by law 
for the collection of rates, tolls, rents, impact fees, entrance 
charges and other charges, and without waiver of the right to sue 
for the same, the lien created may be enforced in the following 
manner. 
The treasurer, 
when 
a 
rate, toll, rent, 
impact fee, 
entrance 
charge 
or 
other 
charge 
has 
been 
committed 
to 
the 
treasurer for collection, may, after the expiration of 3 months 
and wi thin one year after the date when the same became due and 
payable, give to the owner of the real estate served, or leave at 
the owner's last and usual place of abode, or send by certified 
mail, 
return 
receipt 
requested, 
to 
the 
owner's 
last 
known 
address, a notice in writing signed by the treasurer or bearing 
the treasurer's facsimile signature stating the amount of that 
rate, toll, rent, impact fee or entrance charge or other charge. 
The notice must describe the real estate upon which the lien is 
claimed and state that a lien is claimed on the real estate to 
secure the payment of the rate, toll, rent, impact fee, entrance 
charge or other charge. 
The notice must demand the payment of 
the rate, toll, rent, impact fee, entrance charge or other charge 
within 
days 
after 
service 
or 
mailing, 
with 
$1 
for 
the 
treasurer for mailing the notice together with the certified 
mail, return receipt requested, fee. 
The notice must contain a 
statement that the district is willing to arrange installment 
payments 
of 
the outstanding debt. 
For 
the 
purpose 
of 
this 
section, 
a 
mobile 
home is considered real estate. 
After the 
expiration of a period of 30 days and within one year thereafter, 
the treasurer shall record in the registry of deeds in the county 
in which the property of the person is located a certificate 
signed by the treasurer setting forth the amount of the rate, 
toll, 
rent, 
impact 
fee, 
entrance 
charge 
or 
other 
charge 
describing the real estate on which the lien is claimed. 
The 
certificate must state that a lien is claimed on the real estate 
to secure payment of the rate, toll, rent, impact fee, entrance 
charge or other charge; that a notice and demand for payment of 
the same has been given or made in accordance with this section; 
and that the rate, tolL rent, 
impact fee, entrance charge or 
other charge remains unpaid. 
At the time of the recording of the 
certificate in the registry of deeds as provided, the treasurer 
shall file in the office of the district a 
true copy of the 
.J2 
certificate and shall mail 
a 
true copy of the certificate by 
certified mail, return receipt requested, to each record holder 
of any mortgage on the real estate at the record holder's last 
and usual place of abode. 
The filing of the certificate in the registry of deeds is 
deemed to create, 
and creates, 
a 
mortgage on the real estate 
described in the certificate to the district that has priority 
over all other mortgages, liens, attachments and encumbrances of 
any nature, except liens, attachments and claims for taxes. 
The 
mortgage gives the district all the rights usually possessed by 
mortgagees, except that the district as mortgagee does not have 
any right to possession of the real estate until the right of 
redemption provided for has expired. 
If the mortgage, together 
with interest and costs, is not paid within 18 months after the 
date of filing of the certificate in the registry of deeds as 
provided, the mortgage is deemed to have been foreclosed and the 
right 
of 
redemption 
to 
have 
expired. 
The 
filing 
of 
the 
certificate in the registry of deeds is sufficient notice of the 
existence of the mortgage provided for. 
If the rate, toll, rent, 
impact fee, entrance charge or other charge, with interest and 
costs, is paid within the period of redemption provided for, the 
treasurer of the district shall discharge the mortgage in the 
same 
manner 
as 
provided 
for 
the 
discharge 
of 
real 
estate 
mortgages. 
The costs to be paid by the owner of the real estate served 
is the sum of the fees for receiving, recording and indexing the 
lien, 
or its discharge, 
as established by the Maine Revised 
Statutes, Title 33, section 751, plus $13, plus all certified 
mail, return receipt requested, fees. 
The treasurer of the district shall notify the party named 
on the sewer lien mortgage and each record holder of a mortgage 
on the real estate not more than 45 days or less than 30 days 
before the foreclosing date of the sewer lien mortgage in a 
notice 
signed 
by 
the 
treasurer 
or 
bearing 
the 
treasurer's 
facsimile 
signature. 
The 
notice 
of 
the 
impending 
automatic 
foreclosure indicating the exact date of foreclosure must be left 
at the holder's last and 
usual 
place 
of 
abode 
or 
sent 
by 
certified mail, return receipt requested, to the holder's last 
known address. 
For sending this notice, the district is entitled to receive 
$3 
plus all certified mail, 
return receipt 
requested, 
fees. 
These costs must be added to and become a part of the amount 
due. 
If notice is not given to the party named on the sewer lien 
mortgage or to any record holder of a mortgage in the time period 
specified in this section, the person not receiving timely notice 
may 
redeem the 
sewer lien mortgage until 
days after the 
treasurer does provide notice in the manner specified in this 
section. 
The notice of impending automatic foreclosure must be 
substantially in the following form: 
KENNEBUNK SEWER DISTRICT 
NOTICE OF IMPENDING AUTOMATIC FORECLOSURE 
SEWER LIEN Title 38 M.R.S.A. Section 1208 
IMPORTANT: 
DO 
NOT 
DISREGARD 
THIS NOTICE. 
YOU 
WILL 
LOSE 
YOUR 
PROPERTY UNLESS YOU PAY THE CHARGES, COSTS AND INTEREST FOR WHICH 
A LIEN ON YOUR PROPERTY HAS BEEN CREATED BY THE KENNEBUNK SEWER 
DISTRICT. 
TO: 
You are the party named on the Sewer Lien Certificate filed 
on ......... , 20.. and recorded in Book 
Page 
in the 
York County Registry of Deeds. 
This Kennebunk Sewer District 
filing created a sewer lien mortgage on the real estate described 
in the Sewer Lien Certificate. 
On ...... , 20 .. , the sewer lien mortgage will be foreclosed 
and your right to redeem the mortgage and recover your property 
by paying the District's charges and interest that are owed will 
expire. 
IF THE LIEN FORECLOSES, THE KENNEBUNK SEHER DISTRICT WILL ONN 
l2 
YOUR PROPERTY, SUBJECT ONLY TO MUNICIPAL TAX LIENS. 
If 
you 
cannot 
pay 
the 
outstanding 
charges, 
costs 
and 
interest that are the subject of this notice or the subject of 
installment payment arrangements that you have made with the 
district, please contact me immediately to discuss this notice. 
2tl 
.10 
District Treasurer 
The district shall pay the treasurer $1 for the notice, $1 
for filing the lien certificate and the amount paid for certified 
mail, return receipt requested, fees. 
The fees for recording the 
lien certificate are paid by the district to the register of 
deeds. 
A discharge of the certificate given after expiration of the 
right of redemption whom the discharge has been recorded in the 
registry of deeds for more than one year terminates all title the 
sewer 
district 
derived 
from 
that 
certificate 
or 
any 
other 
recorded certificate for which the right of redemption expired 10 
years or more prior to the foreclosure date of this discharge 
lien, unless the sewer district has conveyed any interest based 
upon the title acquired from any of the affected liens. 
Sec. 23. Supplementary charges. 
The district is authorized to 
impose charges, in addition to any other assessments now lawfully 
imposed by general law, for the use of sewers, sewer systems and 
treatment 
works. 
The 
trustees 
may 
adopt 
rules 
as 
may 
be 
necessary 
or 
convenient 
to 
carry 
out 
the 
purposes 
of 
the 
district. 
All incidental powers, rights and privileges necessary 
to the accomplishment of the purposes of the district are granted 
(,14 
to the district and its trustees, including the right of its 
trustees 
to determine 
when 
and 
where 
sewerage 
and 
treatment 
facili ties and disposal units are needed and when and where the 
same are constructed. 
Sec. 24. 
Competitive bidding. 
A 
contract 
in 
excess 
of 
$2.000 between the district and a contractor for the construction 
of facilities located on private property for the exclusive use 
of a private individual and for which the private individual is 
required to pay the total cost directly to the district must be 
awarded by a 
system of competitive bidding. 
Unless there are 
valid reasons to the contrary. the contracts must be awarded to 
the lowest responsible bidder. 
Sec. 25. District personnel records. 
The personnel records of 
the district are confidential to the same extent as municipal 
records 
pursuant 
to 
the 
Maine 
Revised Statutes. 
Title 
30-A. 
section 
2702. 
subsection 
1. 
The 
records 
are 
reviewable 
by 
employees of the district to the same extent and in the same 
manner as provided for municipal personnel records pursuant to 
the Maine Revised Statutes. Title 30-A. section 2702. subsection 
2. 
Sec. 26. Sewer extension. 
The district may not construct a 
sewer extension unless the district complies with the provisions 
of the Maine Revised Statutes. Title 38. section 1252. subsection 
7. 
Sec. 27. P&SL 1955, c. 69, as amended. is repealed. 
Sec. 28. Referendum: effective date. 
This Act must be submitted 
to the legal voters within the territory described in section I 
at the election called for that purpose 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. 
For the purpose of 
registration of 
voters. 
the 
registrar of voters 
must 
be 
in 
session on the secular day preceding the election. 
The subject 
matter of this Act is reduced to the following question: 
"Do you favor adopting the Kennebunk Sewer District charter. 
2005 revision?" 
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 Kennebunk and due certificate of the results filed by 
the town clerk with the Secretary of State. 
This Act takes effect for all other purposes immediately 
upon its approval by a majority of the legal voters voting at the 
election. 
SUMMARY 
This bill revises the Kennebunk Sewer District Charter.