An Act To Amend the Charter of the Caribou Utilities District
Maine Legislature, Session 124, LD 0200
Committee: Utilities and Energy
Sponsors: EDGECOMB

FIRST REGULAR SESSIOr-~-2009 
Legislative Document 
No. 200 
H.P. 165 
House of Representatives, January 21, 2009 
An Act To Amend the Charter of the Caribou Utilities District 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative EDGECOMB of Caribou. 
Printed on n:cycbl pap~1' 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. P&SL 1945, c. 83, §1 is amended to read: 
Sec. 1. 
Territorial limits and corporate name and purposes. 
The 
inhabitants and territory within the tewR Q!y of Caribou in the eetItl-t:y County of 
Aroostook shall be, and hereby are, constituted constitute a body politic and corporate 
under the name of the Caribou Utilities District, referred to in this Act as "the district," 
for the purpose of supplying the tewR Q!y of Caribou and the inhabitants of said to','m the 
city or any part of said town the city with pure water for domestic, commercial, sanitary 
and municipal purposes, including the extinguishment of fires, and of supplying the tewR 
Q!y of Caribou and the inhabitants of said town the city or any pali of said to'''''11 the Gtty 
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9!Y with suitable and adequate sewerage facilities. 
Sec. 2. P&SL 1945, c. 83, §2 is amended to read: 
Sec. 2. Powers of Caribou Utilities District. 
~aid Carihol1 Utilities District 
The district is ~ 
authorized for the purposes aforesaid of this Act to take, collect, 
store, flow, use, detain, distribute and convey to the tewR Q!y of Caribou or any part 
thereof of the city water from any lake, pond, stream, or river and from any surface or 
underground brook, spring or vein of water in said town the City of Caribou, and is also 
authorized to locate, construct and maintain aqueducts, pipes, conduits, standpipes, 
hydrants, pumping stations and other necessary structures and equipment therefore, for 
the aqueducts, pipes, conduits, standpipes, hydrants and pumping stations and do all 
things necessary to furnish water, and sewerage and drainage for public purposes and for 
public health, comfort and convenience of the inhabitants of saffi the district. 
Sec. 3. P&SL 1945, c. 83, §3 is repealed and the following enacted in its place: 
Sec. 3. R.ight of eminent domailll conferred. The district is authorized and 
empowered to acquire and hold real and personal property necessary or convenient for its 
purposes and is granted the right of eminent domain as specified in the Maine Revised 
Statutes, Title 38, section 1152. 
Sec. 4. P&SL 1945, c. 83, §4 is amended to read: 
Sec. 4. Authorized to lay maillls, pipes, cOlllduits through public ways and 
across private lands. The saffi district is ~ 
authorized to lay in and through the 
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streets, roads, ways and highways of the tewR Q!y of Caribou and other towns served by 
-it the district and across private lands therein, in the city and other towns and to maintain, 
repair and replace all such pipes, mains, conduits, aqueducts, and fixtures as may be 
necessary and convenient for its corporate purposes, and whenever saffi the district ffia.I-I. 
-lay lays any pipes, aqueducts or conduits in any street, roadway or highway, -it the district 
shall cause the same to be done with as little obstruction as practicable to the public 
travel; and shall at -its the district's own expense, without unnecessary delay, cause the 
earth and pavement removed by -it the district to be replaced in proper conditions. 
Sec. 5. P&SL 1945, c. 83, §4-A is enacted to read: 
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Sec. 4-A. 
Sewer extensions. 
Sewer extensions are governed by the Maine 
Revised Statutes, Title 38, section 1252, subse~tion 7. 
Sec. 6. P&SL 1945, c. 83, §5, as repealed and replaced by P&SL 1981, c. 47, § I, 
is repealed and the following enacted in its place: 
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Sec. 5. 
Procedure as to the exercise of right of eminent domain. 
In 
exercising rights of eminent domain, the district. shall comply with the procedures 
established in the Maine Revised Statutes, Title 38, sections I I 52-A and 1153. 
Sec. 7. P&SL 1945, c. 83, §6 is amended to read: 
Sec. 6. Appeal; adjustment of damages. If aHJ' ~ person sustaining damages by 
any taking as aforesaid shall by the district does not agree with the trustees of sate the 
district upon the sum to be paid therefore for the damages, either party, upon petition to 
the county commissioners of Aroostook ~ 
County, may have sate the damages 
assessed by them; the the county commissioners: 
The procedure and all subsequent 
proceedings and the rights of appeal thereon shall be had under the same restrictions, 
conditions, and limitations as are or may be prescribed in the case of damages by laying 
out ofhiglnvays are governed by the Maine Revised Statutes, Title 38, section 1154. 
Sec. 8. P&SL 1945, c. 83, §8-A is enacted to read: 
Sec. 8-A. Trustees' compensation. The trustees are entitled to compensation as 
recommended by the trustees and approved by a majority vote of the municipal officers 
from municipalities representing a majority of the population in the district, including 
compensation for the duties the trustees perform as officers and for their duties as 
trustees. Cel1ification of the vote must be recorded with the Secretary of State and must 
be recorded in the bylaws. Compensation for duties as trustee is based on an amount as 
specified in the bylaws for each meeting attended and reimbursement for travel and 
expenses, with the total not to exceed the amount as specified in the bylaws. 
Sec. 9. P&SL 1945, c. 83, §8-B is enacted to read: 
Sec. 8-B. Retirement eligibility. A trustee who is elected after January I, 1987 
and who is not a full-time employee of the district is not eligible to become a member of 
the Maine Public Employees Retirement System. 
Sec. 10. P&SL 1945, c. 83, §U, as repealed and replaced by P&SL 1981, c. 47, 
§4, is repealed and the following enacted in its place: 
Sec. 11. Procedures for acquisition of property and franchise of Caribou 
Water Works Corporation. Before exercising any right of eminent domain conferred 
under this Act with respect to the property of the Caribou Water Works Corporation, the 
district shall make a reasonable eff0l1 to acquire the property by purchase. The district 
shall cause the property to be appraised for the purpose of determining the amount that 
could constitute just compensation for the taking of the propeliy. The district's agents, 
employees or designees may, upon 30 days' written notice to the Caribou Water Works 
Corporation, enter upon the real propeliy of the Caribou Water Works Corporation and 
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make surveys, examinations, photographs, tests and samplings of the real or personal 
property of the Caribou Water Works Corporation for the purpose of appraising the real 
or personal property. The entry must take place during daylight hours. The entry and 
activities authorized by this Act do not constitute a trespass, but the district is liable for 
physical injury to, and for substantial interference with possession or use of, property of 
the Caribou Water Works Corporation caused by the district's entry and activities upon 
the property, which damages may be recovered by complaint in a civil action. The 
district shall establish the amount that the district believes to be just compensation for the 
property and shall submit to the Caribou Water Works Corporation a proposed offer to 
purchase the propeliy for the amount established. Compliance by the district with this 
section is determined to be and constitutes a reasonable eff0\1 by the district to acquire 
the property by purchase. 
Sec. 11. P&SL 1945, c. 83, §12, first sentence, as repealed and replaced by 
P&SL 1981, c. 47, §5, is amended to read: 
Sec. 12. Authorized to borrow money; to issue bonds and notes. 
For 
accomplishing the purposes of this Act, the district, by vote of its board of trustees, 
without district vote, except as provided in this section, is authorized to borrow money 
temporarily and to issue therefore for the borrowing of money its negotiable notes~ 
.fof. For the purpose of renewing and refunding the indebtedness 56 created, or paying 
any necessary expenses and liabilities incurred under the provisions of this Act, and in 
acquiring propel1ies, paying damages, laying pipes, mains, sewers, drains and conduits, 
purchasing, constructing, maintaining and operating a water system and a sewerage 
system and making renewals, additions, extensions and improvements to the system and 
to cover interest payments during any period of construction~~ the district, by vote of its 
board of trustees, without district vote, except as provided in this section, is authorized to 
issue, from time to time, bonds, notes or other evidences of indebtedness of the district, 
bearing interest at such rate or rates, and having such terms and provisions as the trustees 
£hal-I. determine; provided that in.:.-.l!! the case of a vote by the trustees to authorize bonds 
or notes to pay for the acquisition of propel1y, for the cost of a water system or sewerage 
system or part thereof of a water system or sewerage system, for renewal or additions or 
for other improvements in the nature of capital costs, the estimated cost of which, singly 
or in the aggregate included in anyone financing is $150,000 or more, subject to the 
annual consumer price index, as published by the appropriate governmental agency 
United States Department of Labor for all urban consumers, United States city average, 
and as defined in the Maine Revised Statutes, Title 36, section 5402, the bond or note 
must first be approved by local referendum of the voters of the district, but not for the 
acquisition of the property of the Caribou Water Works Corporation provided in this /\ct, 
and not for the already planned for local share of sewerage treatment plant, the aggregate 
of both of which shall not e)weed $6,000,000 or for renewing or refunding existing 
indebtedness or to pay for maintenance, repairs or current expenses. 
Sec. 12. P&SL 1945, c. 83, §13 is amended to read: 
Sec. 13. Property, tax exempt. The property of said Caribou Utilities District 
the district shall be ~ exempt from all taxation in the teWH-.em of Caribou. 
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Sec. 13. P&SL 1945, c. 83, §15, as repealed and replaced by P&SL 1981, c. 47, 
§6, is amended by adding at the end a new paragraph to read: 
All water rates, tolls, charges and rents are governed by the Maine Revised Statutes, 
Title 35-A, section 6105. Prior to the adoption of a new sewer or water 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 in a newspaper having a general 
circulation in the district at least 7 days prior to the hearing. The district shall mail to 
each ratepayer a notice of the public hearing and the proposed new rate schedule at least 
days prior to the hearing. 
Sec. 14. 
P&SL 1945, c. 83, §16-A, as enacted by P&SL 1957, c. 7, §2, IS 
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amended to read: 
Sec. 16-A. Rights of abutters to enter sewer. The district at all times shall be 
.i§. bound to permit the owners owner or agent of premises abutting upon +ts the district's 
lines of pipes and conduits to enter the same with all proper sewage, upon conformity to 
the rules and regulations of the district and payment of the rates, tolls, rents and charges 
established therefor. 
Every building in the district intended for human habitation or 
occupancy on premises abutting on a street in which there is a public sewer or any such 
building within 100 feet of a public sewer sfla.I-I. must have a sewerage system '""hich shall 
be caused to be connected w+tH to the public sewer by the owner or agent of the premises 
in the most direct manner possible, and, if feasible, with a separate connection for each 
house or building; except that mtisting buildings '""hich are already served by a 
satisfactory private se"vage disposal system "",hich meets and continues to meet the 
requirements of section 122 (b) of the state plumbing code and amendments thereto shall 
not be required to connect '.vith the public sev,'er. A building that is already served by a 
private sewer or drainage system is not required to connect to 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 applicable law or ordinance or any applicable 
requirements of the state plumbing code, as determined by the municipal plumbing 
inspector, the inspector's alternate or, in the event both are trustees or employees of the 
district, the DepaJtment of Health and Human Services' division of health engineering or 
its successor. Any such private sewage disposal system wfHe.It that fails to meet or 
continue to meet the requirements of section 122 (b) of the state plumbing code and 
amendments therete to the state plumbing code is flereby declared to be a public 
nUisance. 
Sec. 15. P&SL 1945, c. 83, §16-B, as enacted by P&SL 1957, c. 7, §2, IS 
repealed and the following enacted in its place: 
Sec. 16-B. Lien for payment of rates. There is a lien on real estate served by 
the sewer or water systems of the district to secure the payment of rates, tolls, rents and 
charges established and due under the provisions of section 15 that takes precedence over 
all other claims on the real estate, excepting claims for taxes. Water liens are subordinate 
to sewer liens. "Real estate," for the purposes of this Act, has the same meaning as in the 
Maine Revised Statutes, Title 36, section 551. 
The treasurer of the district has the 
authority and power to sue for and collect the rates, tolls, rents and charges, all of which 
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are committed to the treasurer. In making the assessment there must be a description of 
the real estate served by the water or sewer systems of the district sufficiently accurate to 
identify the real estate against which the rates, tolls, rents and charges may be levied. In 
addition to other rnethods established by law for the collection of the rates, tolls, rents and 
charges, the lien created by this section may be enforced as set out in this section. When 
a rate, toll, rent 01' charge has been committed to the treasurer for collection, the treasurer 
may, after the expiration of 3 months and within one year after the date of commitment to· 
the treasurer, give to the person agairlstwhom the rate, toll, rent or charge is assessed, or 
leave at the owner's last and usual place of abode, Or send by certified rnail, retul11 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 the rate, toll, rent or 
charge and describing the real estate on which the rate, toll, rent or charge is assessed and 
alleging that a lien is claimed on the real estate to secure the payment of the rate, toll, rent 
or charge and demanding the payment within 30 days after the service or mailing of the 
notice with $1 for the treasurer for making a demand, together with the celtified mai I, 
retul11 receipt requested fee. If an owner of propeliy to whom the rate, toll, rent 01' charge 
is assessed dies before the demand is made on the owner, the demand may be made upon 
the executor or administrator of the owner's estate or upon any of the owner's heirs or 
devisees. After the expiration of the 30 days and within one year after the 30 days, the 
treasurer shall record in the Southern District of the Aroostook County Registry of Deeds 
at Houlton a lien celtificate signed by the treasurer setting the amount of the rate, toll, 
rent or charge; a description of the real estate on which the rate, toll, rent or charge is 
assessed; and an allegation that a lien is claimed on the real estate to secure the payment 
of the rate, toll, rent or charge; that a notice and demand for payment of the rate, toll, rent 
or charge has been made in accordance with the provisions of this Act and that the rate, 
toll, rent or charge remains unpaid. At the time of the recording of the lien celtificate in 
the registry of deeds as provided in this section, the treasurer shall file in the office of the 
district a true copy of the lien certificate and also mail by celtified mail, retul11 receipt 
requested, to each record holder of a mortgage on the real estate, addressed to the owner 
at the owner's last known address, a true copy of the lien celtificate. 
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The filing of the lien celtificate in the registry of deeds is deemed to create a 
mortgage on the real estate to the district, having priority over all other mOitgages, liens, 
attachments and encumbrances of any nature, except claims for taxes, and gives to the 
district all of the rights usually incident to a mOitgage, except that the district does not 
have any right of possession of the real estate until the right of redemption as provided in 
this section has expired. The filing of the lien celtificate in the registry of deeds is 
sufficient notice of the existence of the mOitgage as provided in this section. If the rate, 
toll, rent or charge with interest and costs is paid within the period of redemption as 
provided in this section, the treasurer of the district shall discharge the mOitgage in the 
same manner as provided for the discharge of real estate mOltgages. If the mortgage, 
together with interest and costs, has not been paid within 18 months after the date of 
filing of the lien celtificate in the registIy of deeds as provided in this section, the 
mOitgage is deemed to be foreclosed and the right of redemption is expired. After the 
expiration of the 18-month period for redemption, the mOitgagee of record of the real 
estate or the mortgagee's assignee has, in the event the notice provided for the mOitgagee 
has not been given, the right to redeem the real estate within 3 months after receiving 
actual knowledge of the recording of the lien certificate, by payment or tender of the 
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amount of the mortgage, together with interest and costs, and the mortgage must be 
discharged by the district. 
The cost 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 the lien's 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 
lien mortgage and each record holder of a mortgage on the real estate of the impending 
automatic foreclosure not more than 45 days or less than 30 days before the foreclosing 
date of the lien mOligage, in writing, by a notice indicating the exact date of foreclosure 
and signed by the treasurer or bearing the treasurer's facsimile signature and left at the 
holder's last known address. The district is entitled to receive $3 for sending the notice, 
together with all certified mail, return receipt requested fees. These costs must be added 
to and become a pali of the amount due. Ifnotice is not given in the time period specified 
in this section to the party named on the lien mortgage or to any record holder of a 
mOligage, the person not receiving timely notice may redeem the lien mOligage until 30 
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: 
TO: 
CARIBOU UTILITIES DISTRICT 
NOTICE OF IMPENDING AUTOMATIC FORECLOSURE 
SEWER (WATER) 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 
CARIBOU UTILITIES DISTRICT. 
You are the party named on the Sewer (Water) Lien Certificate filed on 
................................. , 20....... and recorded in Book ................ , Page .............. in the 
Southern Aroostook County Registry of Deeds. 
This Caribou Utilities District filing 
created a sewer (water) lien mortgage on the real estate described in the Sewer (Water) 
Lien Certificate. 
On ...................... , 20 ...... , the sewer (water) 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 CARIBOU UTILITIES DISTRICT WILL OWN 
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. 
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District Treasurer 
The district shall pay the treasurer $1 for the notice, $1 for filing the lien certificate 
and the amount paid for certified mai I, return receipt requested fees. 
The fees for 
recording the lien certificate must be paid by the district to the registrar of deeds. 
A discharge of the certificate given after the right of redemption has expired, which 
discharge has been recorded in the registry of deeds for more than one year, terminates all 
title the district derived from that cel1ificate 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 
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acquired from any of the affected liens. 
Lien procedures for sewer and water rates, tolls, rents or charges must comply with 
the Maine Revised Statutes, Title 35-A, sections 6111-A and 6111-B and Title 38, section 
1208. 
. SUMMARY 
This bill amends the charter of the Caribou Utilities District. 
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