An Act To Allow Consolidation of the Winterport Sewerage District and the Winterport Water District To Create Incentives for Consumers To Pay Water Bills
Maine Legislature, Session 122, LD 2018
Committee Amendment CA_A_H958 (House)

COMMITTEE AMENDMENT A." to H.P. 1418, L.D. 2018, Bill, "An Act To 
Allow Consolidation of the Winterport Sewerage District and the Winterport Water 
District To Create Incentives for Consumers To Pay Water Bills" 
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 1969, c. 94, §1 is amended to read: 
Sec. 1. 
Territorial limits; corporate name; purposes. 
Subject to tHe 
provisions of section 19 Hereof, tHe The inhabitants and territory of the Town of 
Winterport in the County of Waldo 5fla11 constitute a body politic and corporate under the 
name of Winterport Water District, referred to in this Act as "the district," for the purpose 
of supplying said the Town of Winterport, and the inhabitants and others of said the 
district, with pure water for domestic, sanitary, commercial, industrial, agricultural and 
municipal purposes and for the purpose of supplying the town and inhabitants and others 
within the territory of the district with sewer services. 
Sec. 2. P&SL 1969, c. 94, §§l-A and 1-B are enacted to read: 
Sec. I-A. Powers and authority as water utility. 
Except as otherwise 
expressly provided in this charter, the district, for the purposes of performing the 
functions of a water utility, has all the powers, rights, privileges and authority and is 
subject to all the requirements and restrictions of a standard water district under the 
Maine Revised Statutes, Title 35-A, chapter 64, except that section 6410, subsections 3, 4 
and 5 and sections 6412 and 6413 do not apply to the district. 
Sec. I-B. Additional powers as sewer district. Except as otherwise expressly 
provided in this charter, the district, for the purposes of supplying the town and 
inhabitants and others within the territory of the district with sewer services, has all the 
powers, rights, privileges and authority and is subject to all the requirements and 
restrictions of a sanitary district formed under the Maine Revised Statutes, 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·It to H.P. 1418, L.D. 2018 
district pursuant to section 1208 must bear the name "Winterport Water District" in all 
appropriate locations. 
Sec.3. P&SL 1969, c. 94, §§3 to 8 are repealed. 
Sec.4. P&SL 1969, c. 94, §9 is amended to read: 
Sec. 9. Board of trustees. All of the affairs of mHd the district shall be are 
managed by a board consisting of not less than 3 nor more than 5 trustees, residents 
therein, who shall be are chosen by the board of selectmen as hereinafter provided town 
council in accordance with this section. Trustees must be residents in the district. 
The terms of trustees serving on the effective date of this Act are unaffected by this 
Act. When the term of a trustee ends, a trustee is selected by the town council of the 
Town of Winterport to serve until the first business day in January occurring 5 years after 
the term begins and until the trustee's successor is selected and qualifies. 
At the request of the trustees, the town council of the Town of Winterport may 
appoint one or more alternate trustees to serve in the absence of one or more trustees. An 
alternate trustee may not serve as chair, clerk, treasurer or other officer of the district but 
may, as authorized by the board, attend board meetings and otherwise act on behalf of an 
absent trustee. An alternate trustee must meet all qualifications of a trustee. 
As soon as may be after the acceptance of this Act as hereinafter provided the 
selectmen of the Town of Winterport shall appoint a board of trustees as aforementioned. 
The terms of the members of said board shall be as follows: One to serve until the first 
annual town meeting of the Tovm of Winterport following the acceptance of this Act; one 
to serve until the 2nd anImal town meeting of said to'tvn following such acceptance; and 
one to serve until the 3rd annual to'tvn meeting of said town following such acceptance; 
and rna)' appoint one to serve until the 4th annual town meeting of said town follO't't'ing 
such acceptance and rna)' appoint one to serve until the 5th annual town meeting of said 
town following such acceptance. At each annual tovm meeting of said tO'Nn, beginning 
with the first annual town meeting following the acceptance of this Act, one trustee shall 
be selected b)' the selectmen to serve until the annual town meeting occurring 5 ),ears 
thereafter and until his successor is selected and qualifies. 
\Vhene't'er any If a trustee ceases to be a resident of said the district, fie the trustee 
vacates the office of trustee. All trustees, if residents of mHd the district, shall be are 
eligible for reelection reselection by the town council. Vacancies in the office of trustee 
shall be are filled by the selectmen until the next annual town meeting of the Town of 
',vinterport, and at such annual town meeting the town council for the unexpired portion 
of said the term, if any, shan be fined as hereinbefore directed. 
The board of selectmen which selects the trustees hereinbefore mentioned, at annual 
town meetings, shall be the ne .. vly elected board of selectmen elected at such town 
meetiBg. 
As soon as convenient after their appointment, the first board of trustees shall hold a 
meeting at some convenient place in the district, to be called by any member thereof of 
the board in writing, designating the time and place and delivered in hand to the other 
members, not less than 2 full days before the meeting; provided that as long as they may 
meet by agreement without such notice. They shall organize by electing from their own 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A 
to H.P. 1418, L.D. 2018 
number a chairmaR chair and a clerk and, not necessarily from their own number, a 
treasurer to serve terms established by the trustees and until their respective successors 
are selected and qualify. They shall adopt a corporate seal and may adopt bylaws and 
perform any other acts within the powers delegated to them by law. FollowiRg each 
aRRual tmvR meetiRg of said TO'i'/R of 'NiRterport, the trustees shall elect from their O'''''R 
Rumber a chairmaR aRd a clerk aRd, Rot Recessarily from their mYR Rumber, a treasurer to 
serve uRtil the Rext aRRual to'NR meetiRg of said TowR of WiRterport aRd liRtil their 
respective Sliccessors are elected aRd qlialified. 
The trustees from time to time may choose and employ and fix the compensation of 
any other necessary officers and agents, who shall serve at their pleasure. The treasurer 
shall furnish bond in such sum and with such sureties as the trustees shall approve, the 
cost thereof of the bond to be paid by the district. Members of the board of trustees shall 
be are eligible to any office under the board. The trustees, as slich, shall be compeRsated 
by a Slim Rot eJweediRg $'600 per year, which Slim shall be set by the selectmeR. The 
provisions of the Maine Revised Statutes, Title 35-A, section 6410, subsections 6, 7, 8 
and 9 govern decisions of the board, trustee compensation, retirement and district 
expenses. An alternate trustee may receive compensation in the same manner as a trustee 
pursuant to Title 35-A, section 6410, subsection 7. 
The trustees and any alternate trustee acting on a trustee's behalf shall be sworn to the 
faithful performance of their duties as such, which shall include the duties of any member 
who shall serye serves as clerk or clerk pro tern. The trustees shall make and publish an 
annual report, including a report of the treasurer, and such report may be included in, and 
published as part of, the annual town report. 
Sec. 5. P&SL 1969, c. 94, §13 is repealed. 
Sec. 6. P&SL 1969, c. 94, §14, as amended by P&SL 2001, c. 68, Pt. A, §1 and 
Pt. B, § 1 and affected by Pt. C, § 1, is further amended to read: 
Sec. 14. Authority to borrow money. For accomplishing the purposes of this 
Act with respect to the district's functions as a water utility, the watef district, through its 
trustees, without vote of the inhabitants, is authorized to borrow money temporarily and 
to issue therefor for the money the negotiable notes of the district, for the purpose of 
refunding the indebtedness so created, for paying any necessary expenses and liabilities 
incurred under the provisions of this Aet charter, including the expenses incurred in the 
creation of a district, in acquiring the properties and franchises of the Winterport Water 
Company by purchase or otherwise, of assuming and paying all mortgages, liens and 
encumbrances there OR on the properties and franchises as provided in sections 10 and 11, 
of securing sources of supply, taking water and land, paying damages, laying pipes, 
constructing, maintaining and operating a water plant and making renewals, extensions, 
additions and improvements to the same, and protecting the watershed, to an amount or 
amounts necessary in the judgment of the trustees therefor provided, except that the total 
indebtedness may not exceed the sum of $1,200,000 at anyone time outstanding. 
.said The bonds, notes and evidences of indebtedness may be issued to mature serially 
or made to run for such periods as the trustees may determine, but none of them shall may 
run for a longer period than 40 years from the date of original issue thereof of the bonds, 
notes and evidences of indebtedness. Bonds, notes or evidences of indebtedness may be 
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COMMITTEE AMENDMENT 4, to H.P. 1418, L.D. 2018 
issued with or without provision for calling the same prior to maturity, and~ if callable, 
may be made callable at par or at such premium as the trustees may determine. All 
bonds, notes or other evidences of indebtedness shall must have inscribed upon their face 
the words "Winterport Water District," shall must be signed by the treasurer and 
countersigned by the chairmaR chair of the board of trustees of the district, and if coupon 
bonds are issued, the interest coupons attached thereto shall to the bonds must bear the 
facsimile signature of the treasurer. 
All such bonds, notes and evidences of indebtedness 56 issued by the district shall be 
are legal obHgations of the district, which is declared to be a quasi-municipal corporation 
within the meaning of the Maine Revised Statutes of 1964, Title W 30-A, section ~ 
5701, and all provisions of said that section shall be are applicable thereto to the district. 
The said district may refund and reissue, from time to time, in one or in separate series, 
its bonds, notes and other evidences of indebtedness, and each authorized issue 5hall 
cORstitllte constitutes a separate loan. All bonds, notes and evidences of indebtedness 
issued by said the district shall be are legal investments for savings banks in the State of 
Maine and shall be are tax exempt. 
Notwithstanding the limitations on total indebtedness established in this section, the 
trustees may propose a new debt limit for the district under this section, which the 
trustees shall submit for approval in a districtwide referendum. The referendum must be 
called, advertised and conducted by the Town of Winterport according to the Maine 
Revised Statutes, Title 30-A, section 2528, except that the district is responsible for 
calling and holding the public hearing prior to the election and the registrar of voters is 
not required to prepare or the town clerk to post a new list of voters. For the purpose of 
registering voters, the registrar of voters must be in session on the regular workday 
preceding the election. The town clerk of the Town of Winterport shall prepare the 
required ballots with the following question: 
"Do you favor changing the debt limit of the Winterport Water District 
relating to its functions as a water district from (insert current debt limit) 
to (insert proposed debt limit)?" 
The voters shall indicate by a cross or check mark placed against the word "Yes" or 
"No" their opinion on the question. 
The results must be declared by the municipal officers of the Town of Winterport and 
due certificate of the results filed by the town clerk with the secretary Secretary of State. 
A debt limit proposal becomes effective immediately upon its acceptance by a 
majority of the legal voters within the district voting at the election. Failure of approval 
by the necessary majority of voters at the referendum does not prevent subsequent 
referenda from being held for the same purpose. The costs of referenda conducted under 
this section are borne by the district. The total indebtedness of the district pursuant to this 
section at anyone time outstanding may not exceed the sum approved by referendum. 
The district may borrow money in accordance with and undertake other actions 
authorized under the Maine Revised Statutes, Title 38, section 1201 for purposes of 
performing its functions as a sewer district pursuant to section I-B. 
Sec. 7. P&SL 1969, c. 94, §§15, 16 and 17 are repealed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·Ii, to H.P. 1418, L.D. 2018 
Sec. 8. P&SL 1969, c. 94, §§18-A to 18-E are enacted to read: 
Sec. I8-A. The Winterport Water District's acquisition of property of 
Winterport Sewerage District. The Winterport Water District acquires under the 
terms contained in this charter all of the plant, properties, assets, franchises, rights and 
privileges owned by the Winterport Sewerage District, including, without limitation, 
lands, buildings, sewers, reservoirs, flush tanks, manholes, catch basins, filtration plants, 
pumping stations and other appliances and property used or usable for collecting, holding, 
purifying and disposing of sewage matter and waste waters. The consideration paid for 
them is the assumption by the Winterport Water District of all of the outstanding debts, 
obligations and liabilities of the Winterport Sewerage District, induding, without 
limitation, the assumption by the Winterport Water District of any outstanding notes or 
bonds of the Winterport Sewerage District that are due on or after the date of transfer. 
Sec. I8-B. Winterport Sewerage District required to sell property to 
Winterport Water District. The Winterport Sewerage District, a quasi-municipal 
corporation organized and existing pursuant to Private and Special Law 1971, chapter 
143, under the terms contained in this charter shall sell, transfer and convey to the 
Winterport Water District by appropriate instruments of conveyance all of its plants, 
properties, assets, franchises, rights and privileges, including, without limitation, lands, 
buildings, sewers, reservoirs, flush tanks, manholes, catch basins, filtration plants, 
pumping stations and other appliances and property used or usable for collecting, holding, 
purifying and disposing of sewage matter and waste waters, in consideration of the 
assumption by the Winterport Water District of all of the outstanding debts, obligations 
and liabilities of the Winterport Sewerage District, including, without limitation, the 
assumption of any outstanding notes or bonds of the Winterport Sewerage District that 
are due on or after the date of the transfer. 
Sec. I8-C. Dissolution and termination of Winterport Sewerage District; 
pledge of revenues. If and when all debts, obligations and other liabilities of the 
Winterport Sewerage District have been paid in full and discharged or the holders or 
owners of all debts, obligations and other liabilities that have not been paid in full and 
discharged have assented to the assumption thereof by the Winterport Water District and 
to the novation and substitution of the Winterport Water District as obligor in respect 
thereto in place of the Winterport Sewerage District and when the transfer of property 
pursuant to section 18-B is complete, the clerk of the Winterport Sewerage District shall 
file a certificate to that effect with the Secretary of State and the corporate existence of 
the Winterport Sewerage District terminates. 
After filing the certificate with the 
Secretary of State, the clerk of the Winterport Sewerage District shall submit legislation 
to repeal Private and Special Law 1971, chapter 143. Until the corporate existence of the 
Winterport Sewerage District is terminated pursuant to this section, the gross revenues 
derived by the Winterport Sewerage District from the sale of sewer service within the 
area comprising the former limits of the Winterport Sewerage District must be applied 
first to the payment of expenses and 2nd to payments of debts, obligations and other 
liabilities of the Winterport Sewerage District assumed by the Winterport Water District 
pursuant to this charter. 
Sec. I8-D. Statutes not affected; rights conferred subject to provisions of 
law. Nothing in this charter is intended to repeal or may be construed as repealing the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT fl., to H.P. 1418, L.D. 2018 
whole or any part of any provision of the Maine Revised Statutes, Title 35-A, and all the 
rights and duties contained in this charter with respect to water utility functions must be 
exercised and performed by the district in accordance with all applicable provisions of 
Title 35-A. 
Sec. IS-E. 
Authority to disconnect water for nonpayment of sewer 
service. Notwithstanding any other provision of law, in the event a user of the district's 
sewer system fails within a reasonable time to pay the district's rates, fees or charges for 
sewer service, the district may disconnect water service to the user, as long as the 
disconnection is accomplished in accordance with procedures established in applicable 
law or rules governing disconnection of utility services and terms and conditions 
approved by the Public Utilities Commission. 
This section is repealed 90 days after the adjournment of the Second Regular Session 
of the 123rd Legislature. The Public Utilities Commission shall monitor the district's use 
of the authority granted under this section and shall report to the joint standing committee 
of the Legislature having jurisdiction over utilities matters no later than January 15, 2008 
on its findings and recommendations regarding continuation of this authority. The joint 
standing committee of the Legislature having jurisdiction over utilities matters may report 
out a bill on the subject matter of this section to the Second Regular Session of the 123rd 
Legislature. 
Sec. 9. 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 Winterport voting 
at a special election called and held within 2 years after passage of this Act. The election 
must be called, advertised and conducted according to the law relating to municipal 
elections, except that the municipal officers are not required to prepare or the town clerk 
to post a new list of voters. For the purpose of registration of voters, the registrar is 
required to be in session the 3 secular days next preceding the election, of which the first 
days must be devoted to registration of the voters and the last day to verification of the 
list and completion of the records of these sessions. The subject matter of this Act is 
reduced to the following question: 
"Do you favor the dissolution of the Winterport Sewerage District and 
the acquisition of the assets and liabilities of the Winterport Sewerage 
District by the Winterport Water District?" 
This Act takes effect for all purposes immediately upon its acceptance by a majority 
of the legal voters of Winterport voting at the election. 
The results of the election must be declared by the municipal officers of the Town of 
Winterport and due certificate of the results filed by the town clerk with the Secretary of 
State. 
SUMMARY 
This amendment replaces the bill but achieves the main purposes of the bill. It 
provides for the acquisition by the Winterport Water District of the assets, liabilities and 
duties of the Winterport Sewerage District, repeals most of the current charter of the 
COMMITTEE AMENDMENT 
.r 
lO 
COMMITTEE AMENDMENT .If' to H.P. 1418, L.D. 2018 
Winterport Water District and grants that district the powers and duties of a standard 
water district and of a sanitary district. It also updates certain remaining provisions of the 
Winterport Water District charter. 
The amendment authorizes the town council of the Town of Winterport, at the 
request of the Winterport Water District's board of trustees, who are appointed by the 
town council, to appoint alternate trustees to serve in the absence of one or more trustees. 
The alternates are barred from serving as officers of the district, but may, as authorized 
by the board of trustees, attend meetings and otherwise act on behalf of an absent trustee. 
The amendment also authorizes the Winterport Water District to disconnect water 
service for nonpayment of sewer service. This provision is repealed 90 days after the 
adjournment of the Second Regular Session of the 123rd Legislature. The Public Utilities 
Commission is directed to monitor and report to the joint standing committee of the 
Legislature having jurisdiction over utilities matters on the district's use of this authority 
and the committee is authorized to report out a bill on this matter to the Second Regular 
Session of the 123rd Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/02/06 ~ac 
LD 2018 
LR 3062(02) 
An Act To Allow Consolidation of the Winterport Sewerage District and the Winterport Water 
District To Create Incentives For Consumers To Pay Water Bills 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
LR3062(2) - Fiscal Note - Page 1 of 1