An Act To Amend the Charter ofthe·Ke][melbec Water District (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1783
Committee: Utilities and Energy
Sponsors: MARRACHE, BECK, TRlNW ARD

MAINE STATE LEGISLATURE 
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124thMAINE LEGISLATURE 
Legislative Document 
No. 1783 
S.P.690 
In Senate, February 17,2010 
An Act To Amend the Charter ofthe·Ke][melbec Water District 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to, the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator MARRACHE of Kennebec. 
Cosponsored by Representative BECK of Waterville and . 
Representative: TRlNW ARD of Waterville. 
Printed on recyded paper 
JOY J. O'BRIEN 
Secretary of the Senate 
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Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. P&SL 1899, c. 200, §1, as repealed and replaced by P&SL 1965, c. 54, is 
amended to read: 
Sec. 1. Incorporation. The territory and people within the City of Waterville, and 
the +ewfl.s Town of Winslow and the Town of Fairfield, sfla.l-I. constitute a body politic 
and corporate under the name of the Kennebec Water District for the purpose of 
supplying the inhabitants of saffi the district and of the +ewJ:i.s Town of Benton and the 
Town of Vassalboro and all saffi the municipalities with pure water for domestic and all 
other lawful purposes. 
The records of the Kennebec Water District are public and 
meetings of the trustees shall be open. 
Sec. 2. P&SL 1899, c. 200, §i is amended to read: 
Sec. 2. Take water. &ate The district is hereby authorized for the purposes 
aforesaid, of this Act to take and hold sufficient water of any source located within the 
territory of the district and of the Kennebec River, the Messalonskee stream Stream orits 
tributary lakes, or the Sebasticook rf.vef River or its tributary lakes, including China Lake, . 
and may take and hold by purchase or otherwise, any land or real estate necessary for 
erecting dams, power, or reservoirs or fo.r preserving purity of the water and 'NateI' shed 
watershed, and for laying and maintaining aqueducts. for conducting, discharging,· 
distributing and disposing of water. 
The district is authorized and empowered to exercise the right of eminent domain and 
to acquire and hold either by purchase or exercise of its right of eminent domain any land, 
. real estate, easements or interest's in any land, real estate or easements or water rights or 
interest in water rights for all the purposes of the district's incorporation. 
When the district takes land or easements on land for its use, the district may mark 
the lines and boundaries of the land or easements by suitable monuments. 
Proceedings for condemnation by the district must be commenced by. filing in the 
office of the county commissioners of the county where the property is situated a 
certificate of taking accompanied by plans and descriptions of the property together with 
the names of the party or parties that own the property and then proceedings must be held 
for the appraisal of damages as in the case of laying out highways by the county 
commissioners. 
Any appeal from the district's decision to exercise its right of eminent domain must 
be filed with the appropriate body within 30 days of the date of the district's written 
decision. 
Sec. 3. P&SL 1899, c. 200, §5, as repealed and replaced by P&SL 1995, c. 40, § I 
and affected by §4, is amended to read: 
Sec. 5. Trustees; how elected. All of the affairs of the district are managed by a 
board oftruste.es composed of 10 members, 4 of whom are elected by a plurality of voters 
of the City of Waterville: 2 ·of whom are elected by a plurality of voters of the Town of 
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Winslow, 2 of whom are elected by a plurality of voters of the Town of Fairfield, one of 
whom is elected by a piurality of voters of the Town of Benton and one of whom is 
elected by a plurality of voters of the Town of Vassalboro. Trustees must be residents of 
the towns in which they are elected. Nominations and elections must be conducted in 
accordance with the Maine Revised Statutes, Title 35-A, chapter g 
64, except as 
specifically provided in subsection 3 of this section. 
1. Organization; conduct of business. As soon as convenient after the election of 
trustees, the trustees shall hold a meeting in the city rooms in the City of Waterville and 
organize by the election of a president and clerk, adopt a corporate seal and, when 
necessary, may choose a treasurer and all other necessary officers and agents for the 
proper conduct and management of the affairs of the district. 
All decisions of the board of trustees must' be by a majority of those present and voting. 
A quorum of the board of trustees is 7 trustees. 
Trustees are entitled to compensation in accordance with Title 35 A, chapter 63. 
Notwithstanding the Maine Revised Statutes, Title 35-A, section 6410, subsection 7, the 
trustees are entitled to compensation as established by a majority vote of the trustees, as 
long as the district first gives each municipality served by the district written notice of 
. any proposed change in compensation and an opportunity to comment on the proposed 
change. 
2. Bylaws. The trustees may adopt and establish such bylaws as are necessary for 
the proper management of the affairs of the district. 
3. Election; vacancy. Whenever the term of office of a trustee expires, the trustee's 
successo~ must be elect~d as provided in this section. For the purpose of election, a 
special election must be called and held between Octobei' 1 st and November 30th prior to 
the expiration of the trustee's term, the election to be called by the municipal officers of 
the appropriate city or town. The term of the trustee so elected begins on the first 
Wednesday of January following the election. The trustee so elected shall serve the full 
term of 3 years. 
If any vacancy arises in the membership of the board of trustees, it must be filled by 
appointment for the unexpired term by the municipal officers of the town from which the 
trustee was elected. 
All elections 'held pursuant to this section must be paid for by the district. When any 
trustee ceases to be a resident of the town or city from which the trustee was elected, the 
trustee shall vacate the office of trustee and the vacancy must be fi lied as provided in this 
section. All trustees are eligible for reelection, except that a person who is serving as a 
municipal officer in Waterville, Winslow, Fairfield, Benton or Vassalboro is not eligible 
for nomination or election as trustee and no trustee may serve more than 2 consecutive 
tefm.s. 
Sec. 4. P&SL 1899, c. 200, §6 is repealed .. 
Sec. 5. P&SL 1899, c. 200, §7 is repealed. 
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Sec. 6. P&SL 1899, c. 200, §8 is repealed. 
Sec. 7. P&SL 1899, c. 200, §9 is repealed. 
Sec. 8. P&SL 1899, c. 200, §10, as amended by P&SL 1905, c. 152, §§3 and 9, is 
further amended to ryad: 
Sec. 10. Issue bonds. The trustees of the district may, for the purpose of paying 
any necessary expenses and liabilities incurred under the provisions of this aet= Act 
including the expenses incurred in acquiring the property of the Maine Water Company 
by purchase or othenvise, in securing sources of supply, taking water and land, paying 
damages, laying pipes, constructing, maintaining a.nd operating a water plant, and making 
renewals, extensions, additions and improvements to the same, issue from time to time 
bonds or notes of the district to an amount necessary in the judgment of the trustees 
therefore. &affi The bonds shall be a or notes are legal obligation obfigations of silie- the 
water .district, which is hereby declared ~o be a quasi municipal corporation .. ",ithin the 
,neaning of section ninety six, chapter forty seven of the revised statutes, and all the 
provisions of said section shall be applicable thereto. 
The district is authorized to fund and refund indebtedness by the issuance of bonds or 
notes to mature serially, at such times and in such amounts as the trustees determine. The 
-annual installments of each issue may not be less than 2 1/2% of the principal amount of 
the issue, and the first of such installments is payable not later than 3 years from the date 
of such bonds or notes and the last of whieh is payable not later than 40 years from tha.t 
date. 
The district is authorized to refund its indebtedness from time to time in whole or in 
part as the trustees determine to be in the best interest of the district and to borrow money 
temporarily for any of the legitimate purposes of the district. 
Sec. 9. P&SL 1899, c. 200, §11, as amended by P&SL 1981, c. 41, §2, is flllther 
amended to read: 
Sec. 11. Rates. All individuals, firms and corporations or other entities, whether 
private, public or municipal, shall pay to the treasurer of saffi the district the rates 
established by saffi the board Of trustees for all water used by them, and saffi the rates 
sfla.It must be uniform in their application within the .district. &affi The rates shall be. so 
are established as to provide revenue for the following purposes; 
11. To pay the current running expenses for operating and maintaining the water 
system and provide for such extensions and renewals as may become necessary. 
H 2. To provide for payment of principal and interest on the indebtedness of the 
district. 
ill J. To provide each year a sum necessary to amortize over the life of the bonds or 
notes of the district the current pOltion of the bonded indebtedness of the district, but 
equal to not less than one per cent of the entire indebtedness of the district, which sum 
sfla.It must be turned into a sinking fund to provide for final extinguishment of the funded 
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debt or applied to the payment of serial bonds coming due in that year. The money set 
aside for the sinking fund sfl.a.U must be devoted to retirement of the district's obligations 
or invested in such securities as savings banks are allowed to hold, or deposited at interest 
,- in savings banks, commercial banks and savings and loan associations; provided as long 
as and to the extent that s'uch deposits are insured by any provisions of federal law. 
.J-¥-:1. If any surplus remains at the end of the year, -i-t: the surplus may be transferred 
to the sinking fund. 
Sec. 10. P&SL 1899, c. 200, §12, as amended by P&SL 1911, c. 75, is repealed. 
Sec. 11. P&SL 1899, c. 200, §14, first Gffis repealed. 
Sec. 12. P&SL 1905, c. 152, §4 is repealed. 
'Sec.13. P&SL 1905, c. 152, §5 is repealed. 
Sec. 14. P&SL 1905, c.152, §6 is repealed. 
Sec. 15. P&SL 1905, c. 152, §7 is repealed. 
Sec. 16. P&SL 1905;c. 152, §8 is repealed. 
Sec. 17. P&SL 1927, c. 79, §2 is repealed. 
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Sec. 18. P&SL 1927, c. 79, §3is repealed. 
Sec. 19. P&SL 1981, c. 41, §4 is repealed. 
SUMMARY 
This bill amends the charter of the Kennebec Water District a~ follows. 
1. It removes the language indicating that the records of the water district are public 
and that the meetings are open. ' 
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: 2. It defines how the trustees are to establish the amount of compensation that they 
are entitled to receive. 
3. It incorporates into the chmier language enacted in Private and SpeCial Law 1905, 
' chapter 152 regarding the authority of the district to refund its indebtedness, exercise the 
right of eminent domain, mark boundaries and commence proceedings for condemnation. 
4. Itremoves archaic language that authorizes the water district to acquire the Maine 
Water Company because the Maine Water Company was purchased by the Kennebec 
Water District pursuant to Private and Special Law 1899, chapter 200, section 6. 
5. It removes archaic language that conditions the effect of the initial charter on the 
'approval by the City of Watervilie and the Fairfield Village Corporation because the City 
of Waterville and the Fairfield Village Corporation approved the charter at meetings held 
for that purpose pursuant to Private and SpeCial Law 1899, chapter 200, section 14, fi,rst 
paragraph. 
This bill also repeals language contained in Private and Special Law 1927, chapter 79 
that .conditioned a change to the Kennebec Water District charter regarding the. 
appointment and terms of trustees on the repeal of the charters of the Kendalls Mills 
Village Corporation and the Fairfield Village Corporation because the charters of the 
Kendalls Mills Village Corporation and the Fairfield Village Corporation were repealed 
by Private and Special Law 1927, chapter 12. 
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