An Act To Create the Washburn Water and Sewer District
Maine Legislature, Session 122, LD 1744
Committee Amendment CA_A_S476 (Senate)

COMMITTEE AMENDMENT '11" to S.P. 661, L.D. 1744, Bill, "An Act To Create 
the Washburn Water and Sewer District" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting in its place the following: 
'Sec. 1. Territorial limits; corporate name. The territory and inhabitants of 
the Town of Washburn constitute a water and sewer district under the name Washburn 
Water and Sewer District, referred to in this Act as "the district." 
Sec. 2. Powers; authority; duties. The district has all the powers and authorities 
and is subject to all the requirements and restrictions provided to a water district in the 
Maine Revised Statutes, Title 35-A, chapter 64. The district has all the powers and 
authorities and is subject to all limitations and restrictions provided to a sanitary district 
formed under Title 38, chapter 11, except that sections 1062, 1101, 1102, 1103, 1104, 
1105, 1106 and 1162 do not apply to the district and any notice of impending automatic 
foreclosure issued by the district pursuant to section 1208 must bear the name "Washburn 
Water and Sewer District" in all appropriate locations. The provisions of Title 38, 
chapter 12 do not apply to the district. 
Sec. 3. Number of trustees. The board of trustees of the district is composed 00 
trustees. A trustee must be a resident of the district and reside in a household to which 
the district's service is provided. 
Sec. 4. First board. The first board of trustees of the district is appointed by the 
municipal officers of the Town of Washburn. The terms of the first hoard are governed 
by the Maine Revised Statutes, Title 35-A, section 6410. 
Sec. 5. Terms of trustees. After the appointment of the first hoard of trustees of 
the district, trustees are elected to 3-year terms. 
Sec. 6. 
Acquisition of property of Washburn Water and Sewer 
Department. The district, through its trustees, may acquire by purchase the plants, 
properties, assets, franchises, rights and privileges owned by the Washburn Water and 
Sewer Department, including, without limitation, all lands, waters, water rights, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,~" to S.P. 661, L.D. 1744 
reservoirs, pipes, machinery, fixtures, hydrants, tools, treatment systems, treatment 
facilities and pump stations and all apparatus and appliances used or usable in supplying 
water and in providing sewer service within the district. 
Sec. 7. Assumption of debts. On the date of purchase of the property of the 
Washburn Water and Sewer Department by the district pursuant to section 6, the district 
shall assume all of the outstanding debts, obligations and liabilities of the department, 
including, without limitation, the assumption by the district of any outstanding notes or 
bonds of the department that are due on or after the date of purchase. If the debt, 
obligations, liabilities, notes or bonds are not assumable, then the district shall otherwise 
be obligated for their repayment. 
Sec. 8. Transfer of contracts, permits and licenses. All contracts between the 
Washburn Water and Sewer Department and any person, firm or corporation that are in 
effect on the date of purchase pursuant to section 6 are assumed and must be carried out 
by the district. All permits and licenses hel'd by the department that are in effect on the 
date of purchase pursuant to section 6 are assumed by the district. 
Sec. 9. Approval of Public Utilities Commission. The sale and transfer by the 
Washburn Water and Sewer Department to the district of its plants, properties, assets, 
franchises, rights and privileges and the assumption by the district of the department'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. The requirements of this section only apply to the 
water utility portion of the Washburn Water and Sewer Department and the district. 
Sec. 10. Referendum; effective date. This Act takes effect when approved only 
for the purpose of permitting its submission to the legal voters within the territory 
described in section 1 of this Act at an election called for that purpose and held within 2 
years of 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 clerk to post a new list of voters. For the purpose 
of registration of voters, the registrar of voters must be in session the secular day 
preceding the election. The subject matter of this Act is reduced to the following 
question: 
"Do you favor creating the Washburn Water and Sewer District and 
permitting it to acquire assets of the Washburn Water and Sewer 
Department?" 
The voters shall indicate by a cross or check mark placed against the word "Yes" or 
"No" their opinion ofthe same. 
The results must be declared by the municipal officers of the Town of Washburn and 
due certificate of the results filed by the 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. Failure to achieve the necessary 
approval in any referendum does not prohibit subsequent referenda consistent with this 
section, provided the referenda are held within 2 years of the effective date of this Act.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A" to S.P. 661, L.D. 1744 
SUMMARY 
This amendment makes the following changes to the bill. 
1. It clarifies that the bill creates a water and sewer district, rather than a standard 
water district. 
2. It clarifies and explicitly provides the necessary powers and authority with 
respect to sewer-related functions. 
3. It changes the provisions in the bill regarding the initial board of trustees; it 
specifies that the first board is appointed by the municipal officers of the Town of 
Washburn, sets their terms and provides that subsequent trustees are elected to 3-year 
terms. 
4. It adds language to address the transfer of sewer-related infrastructure from 
the Washburn Water and Sewer Department to the Washburn Water and Sewer 
District. 
5. 
It adds language to address the transfer to the district of the debts and 
liabilities of the department and contracts, licenses and permits of the department in 
effect at the time of transfer. 
6. It clarifies that the approval by the Public Utilities Commission is required 
only for the transfer of the water utility portion of the department to the district. 
COMMITTEE AMENDMENT