An Act To Amend the Charter of the York Sewer District Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. P&SL 1951, c. 63, §3, 4th 1[, as repealed and replaced by P&SL 1985, c. 57, §l, is amended to read: At the close of each fiscal year, the trustees shall make a detailed report of their doings, of the receipts and expenditures of the sewer district, of its financial and physical condition and of other matters and things pertaining to the district and show the inhabitants how the trustees are fulfilling the duties and obligations of their trust. The report must include audited financial statements. This report is-~e ~ be filed with the municipal officers, who shall include the report in the annual town report. Sec. 2. P&SL 1951, c. 63, §14, 2nd and 3rd 1[1[, as enacted by P&SL 1985, c. 57, §l, are amended to read: Any person aggrieved by the decision of the trustees as it relates to any assessment for sewer construction under this Page l-LR1187(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 0413
Committee Amendment CA_A_S281 (Senate)

COMMITTEE AMENDMENT ,A" to S.P. 137, L.D. 413, Bill, "An 
Act To Amend the Procedure by Which the York Sewer District May 
Be Dissolved" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Amend the Charter of the York Sewer District' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. P&SL 1951, c. 63, §3, 4th 1[, as repealed and replaced by 
P&SL 1985, c. 57, §l, is amended to read: 
At the close of each fiscal year, the trustees shall make a 
detailed report of their doings, of the receipts and expenditures 
of the sewer district, of its financial and physical condition 
and of other matters and things pertaining to the district and 
show the inhabitants how the trustees are fulfilling the duties 
and obligations of their trust. 
The report must include audited 
financial statements. 
This report is-~e ~ 
be filed with the 
municipal officers, who shall include the report in the annual 
town report. 
Sec. 2. P&SL 1951, c. 63, §14, 2nd and 3rd 1[1[, as enacted by P&SL 
1985, c. 57, §l, are amended to read: 
Any person aggrieved by the decision of the trustees as it 
relates to 
any assessment for 
sewer construction under this 
Page l-LR1187(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~. to S.P. 137, L.D. 413 
section shall-~~~~-same-~4~h~s-~--app&a~-as-~~~~~~-iB 
Ehe-~~~~--la~i~-eQ~-~--~-ways may appeal the decision to 
the town manager of the Town of York. 
The decision of the town 
manager may be appealed to the town board of appeals. 
A final 
decision of the board of appeals may be appealed pursuant to the 
Maine Rules of Civil Procedure, Rule 80B. 
Prior to authorizing any sewer extension, except by specific 
state 
or 
federal 
mandate, 
the 
trustees 
shall 
notify 
the 
legislative bodies 
and 
the 
planning boards 
of 
the 
affected 
municipalities 
in 
order 
to 
assure 
conformity 
with 
their 
comprehensive plans and other public policies relating to their 
growth and development. 
The trustees shall publish notice of the 
proposed action in a newspaper with general circulation in the 
district no less than 7 days prior to the meeting at which they 
will take final action on the authorization of the extension. 
The district shall comply with the Maine Revised Statutes, Title 
38, section 1252« subsections 7 and 9 with respect to any sewer 
extensions. 
Sec. 3. P&SL 1951, c. 63, §23, as repealed and replaced by P&SL 
1985, c. 57, §l, is amended to read: 
Sec. 23. Dissolution; voluntary. 
The trustees of the district 
may at any time enter into negotiations with the Town of York for 
the purpose of dissolving the district and transferring its 
entire assets and lial:liliEies obligations to the Town of York. 
If an agreement to dissolve the district is reached with the 
municipal officers of the Town of York, 
the district may be 
dissolved upon the 
unanimous 
vote of the trustees 
and 
upon 
referendum vote being taken at the next annual municipal election 
in the Town of York. 
The town clerk of the Town of York shall 
reduce the subject matter to the following question: 
"Shall the York Sewer District be dissolved and all of its 
assets and 
lial:li~iEies obligations be assumed by and become 
the responsibility of the Town of York?" 
The voters shall indicated by a cross or check mark placed 
upon their ballots against the weFss ~ 
"Yes" or "No" their 
opinion of the same. 
The FesQ1E results shall be declared by the 
municipal officers and due certificate EBeFee' of the results 
filed by the town clerk with the Secretary of State and, if the 
result so filed shows that a majority of the voters is for the 
approval of the dissolution of the York Sewer District, iE-shall 
Eake--€em~leEe the dissolution takes effect upon filing with the 
town clerk 
an attested copy of 
the 
unanimous 
votes of the 
trustees of the district to dissolve the district according to 
the terms heFee' of this section; pF9vieee-EhaE only if the total 
vote cast for and against the dissolution of the York Sewer 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,,~, to S.P. 137, L.D. 413 
District equals, or exceeds, 
25~ of the total vote for all 
candidates for Governor cast at the last gubernatorial election. 
Upon completion of the transfer of assets and obligations of 
the district to the Town of York in accordance with this section, 
the clerk of the Town of York shall file a certificate to this 
effect with the Secretary of State, and the corporate existence 
of the district terminates. 
The certificate must be prepared by 
the clerk of the Town of York once all of the necessary assets 
and obligations have been transferred to the Town of York from 
the district. 
The Town of York may 
commence 
and carry out 
municipal sewer service prior to completion of the transfer of 
assets and obligations of the district if necessary to carry out 
the purposes of this section, and, in such an event, the district 
may continue to exist for the limited purpose of carrying out the 
requirements of this section until such a time as the transfer of 
assets and obligations is complete. 
After filing the certificate 
with the Secretary of State, the town clerk of the Town of York 
shall submit legislation to repeal Private and Special Law 1951, 
chapter 63, as repealed and replaced by Private and Special Law 
1985, chapter 57, as amended. The legislation may include any 
necessary amendments or additions to law to allow the Town of 
York to provide adequate sewer service. 
Sec.4.P&lSL1951,c.63,§24 is enacted to read: 
Sec. 24. Dissolution; involuntary. 
The qualified electors of the 
district may petition for a referendum vote on dissolution in 
accordance with this section. 
1. Petition. 
The petition must be signed by electors within 
the district equal to at least 
20~ of the vote cast for the 
office of Goyernor at the last gul;)ernatorial election and filed 
with the town clerk of the Town of York. 
Within 3 days after the 
petition is offered for filing, the town clerk of the Town of 
York shall determine by careful examination whether the petition 
is sufficient and so state in a certificate attached to the 
Eetition. 
If the Eetition is found to be insufficient, 
the 
certificate 
must 
state 
the 
particulars 
creating 
the 
insufficiency. 
The 
petition may 
be 
amended 
to correct 
any 
insufficiency within 
days 
following 
the 
affixing of 
the 
original certificate. 
Within 2 days after the offering of the 
amended petition for 
filing, 
the certificate must 
again be 
carefully examined to determine sufficiency, and a certificate 
stating the findings must be attached. 
Upon finding an original 
or amended petition sufficient, the 
town clerk of the Town of 
York 
shall 
file 
the 
petition, 
and 
a 
referendum 
vote 
on 
dissolution must be held at the next regular town election. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~, to S.P. 137, L.D. 413 
2. Referendum. 
The town clerk of the Town of York shall 
reduce the subject matter to the following question: 
"Shall the Town of York and the York Sewer District be 
directed to arrange for the dissolution of the York Sewer 
District 
and 
the 
transfer 
of 
all 
of its assets 
and 
liabilities to the Town of York?" 
The voters shall indicate by a cross or check mark placed 
upon their ballots against the word "Yes" or "No" their opinion 
of the 
Same. 
The result must be declared by the municipal 
officers. and due certificate of the results filed by the town 
clerk of the Town of York with the Secretary of State. 
If the results filed show that a majority of the voters 
voted for the dissolution of the district and the total votes 
cast for and against the dissolution of the district equals or 
exceeds 
25~ of the total vote for all candidates for Governor 
cast at the last gubernatorial election, the municipal officers 
of the Town of York and the trustees of the district shall enter 
into 
discussions 
to 
make 
arrangements 
for 
transferring 
the 
district's entire assets and obligations to the Town of York. 
Within 
one 
year 
of 
a 
vote 
on 
the 
referendum. 
pursuant to 
arrangements made with the trustees of the district, the trustees 
of the district shall transfer to the municipal officers of the 
Town of York the entire assets and obligations of the district in 
accordance with subsection 3. 
3. Transfer. 
If a transfer of the assets and obligations of 
the district to the Town of York is required under this section, 
the district shall, within one year of the vote on the referendum 
requiring the transfer, convey, assign and transfer to the Town 
of York: 
A. 
All physical 
and intangible assets of the district, 
including 
all 
cash. 
lands, 
mains, 
pipes, 
fixtures, 
machinery, tools, apparatus, appliances. structures and any 
other 
physical 
element 
necessary 
and 
convenient 
for 
providing sewer services: 
B. 
All valid and legally enforceable contracts or other 
obligations between the district and any 3rd party as of the 
effective date of the transfer. The town shall redeem or 
otherwise satisfy all nonassumable debt of the district: and 
C. 
All permits, licenses and approvals of any municipal, 
state or federal entity or agency. 
Unless other legal arrangements are made, 
all property, 
contracts, obligations and franchises of the district must be 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A .. to S.P. 137, L.D. 413 
conveyed subject to all debentures, bonds, mortgages, liens and 
encumbrances, all of which must be assumed by the Town of York. 
In 
order 
to 
avoid 
any 
unconstitutional 
impairment 
of 
existing contractual rights that are valid and enforceable, the 
Town of York and, if necessary, the district shall enter into any 
contractual agreements necessary for the Town of York to fulfill 
any such contractual obligations of the district. including any 
existing financial obligations to the district's bondholders. 
For purposes of assuming al1 debts and obligations of the 
district. the Town of York is the corporate successor to the 
district upon the transfer of the assets and obligations of the 
district to the Town of York pursuant to this section. 
Upon completion of the transfer of assets and obligations of 
the district to the Town of York in accordance with this section, 
the town clerk of the Town of York shal1 file a certificate to 
that effect with the Secretary of State, 
and the corporate 
existence of the district terminates. The certificate must be 
prepared by the town clerk of the Town of York once al1 of the 
necessary assets and obligations have been transferred to the 
Town of York from the district. The Town of York may commence and 
carry out municipal sewer service prior to completion of the 
transfer of assets and obligations of the district if necessary 
to carry out the purposes of this section, and, in such an event, 
the district may continue to exist for the limited purpose of 
carrying out the reguirements of this section until such time as 
the transfer of assets and obligations is complete. 
After filing 
the certificate with the Secretary of State, the town clerk of 
the Town of York shal1 submit legislation to repeal Private and 
Special Law 1951, chapter 63, as repealed and replaced by Private 
and Special Law 1985, chapter 57, as amended. The legislation may 
include any necessary amendments or additions to law to allow the 
Town of York to provide adeguate sewer service. 
Sec.5. P&SL 1989, c. 34, §2, first line is amended to read: 
Sec. 2. P&SL 1-93& 1951, c. &7- ~,§13, as repealed and replaced 
by P&SL 1985, c. 57, §l, is amended to read: 
Sec. 6. Referendum; effective date. 
This Act takes effect when 
approved only for the purpose of permitting its submission to the 
legal voters wi thin the Town of York 
at an election called for 
that purpose and held by January 1, 2006. 
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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~, to S.P. 137, L.D. 413 
day preceding the election. 
The subject matter of this Act is 
reduced to the following question: 
"Do 
you 
favor 
amending 
the 
charter of 
the 
York 
Sewer 
District to: 
1. 
Require the York Sewer District to include in its annual 
report audited financial statements and require the Town of 
York to include the district's report in the town's annual 
report; 
2. 
Provide that decisions 
of 
the 
relating 
to 
assessments 
for 
sewer 
appealed to the Town of York; and 
York 
Sewer 
District 
construction 
may 
be 
3. 
Authorize a citizen-initiative process to call for a 
referendum to dissolve the York Sewer District and transfer 
its assets and obligations to the Town of York?" 
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 York and due certificate of the results filed by the 
clerk with the Secretary of State. 
This Act takes effect for all 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 as long as the referenda are held prior to January 
1,2006.' 
SUMMARY 
This amendment, which is the majority report of the Joint 
Standing Committee on Utilities and Energy, replaces the bill. 
The amendment amends the charter of the York Sewer District to: 
1. 
Cross-reference statutory law requiring municipal review 
and approval of sewer extensions; 
2. 
Require the York Sewer District to include in its annual 
report audited financial statements and require the Town of York 
to include the district's report in the town's annual report; 
3. 
Provide that decisions of the district relating to 
assessments for sewer construction may be appealed to the Town of 
York; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A to S.P. 137, L.D. 413 
4. 
Establish a process for involuntary dissolution of the 
York 
Sewer District and for the transfer of its assets and 
obligations to the Town of York. 
The process is initiated by 
citizen petition followed by a referendum vote within the town; 
5. 
Add a referendum clause to the bill; and 
6. 
Fix an incorrect reference in a 
prior private 
and 
special law. 
COMMITTEE AMENDMENT