An Act To Create the Nickerson Lake Sewer District
Maine Legislature, Session 125, LD 1561
Committee: Energy, Utilities and Technology
Sponsors: SHERMAN

Legislative Document 
No. 1561 
S.P. 499 
In Senate, May 11, 2011 
An Act To Create the Nickerson Lake Sewer District 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SHERMAN of Aroostook. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  Territorial limits; corporate name; purpose.  The territory of the 
Town of New Limerick and the Town of Linneus described as follows:  Beginning at a 
point on the north shore of Nickerson Lake and the southeast corner of Lot 30 of the 
Town of New Limerick tax map #13, latitude 46° 5' 46.45" N, longitude 67° 54' 48.99" 
W, presently owned by Travis Kearney; thence at a bearing of 51 degrees to a point on 
the southwest line of Lot 4 of the Town of New Limerick tax map #6, latitude 46° 5' 
48.22" N, longitude 67° 54' 45.68" W, presently owned by Richard Mitchell; thence 
along the southwest and south property lines of said Mitchell property to the intersection 
of the Crescent Park Road and Aspen Lane, latitude 46° 5' 42.35" N, longitude 67° 54' 
33.18" W; thence along the centerline of Aspen Lane to the point at which it crosses the 
outflow of Nickerson Lake, latitude 46° 5' 26.48" N, longitude 67° 54' 27.37" W; thence 
along the centerline of said outflow to the east shore of Nickerson Lake in the Town of 
Linneus; thence along the north shore of Nickerson Lake to the point of beginning; and 
its inhabitants constitute a body politic and corporate under the name of Nickerson Lake 
Sewer District, referred to in this Act as "the district," for the purpose of providing 
subsurface wastewater collection, treatment and disposal services to accommodate 
development. 
Sec. 2.  Powers as sewer district.  The district may construct, manage, operate 
and maintain one or more subsurface disposal systems.  It may contract for necessary and 
appropriate services, including, but not limited to, pumping, treating and disposal 
services, and do any or all other things necessary or incidental to accomplish the purposes 
of this Act. 
Except as otherwise expressly provided in this Act, the district, for the purposes of 
supplying the Town of Linneus and the Town of New Limerick and their 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 1063, 1101, 1102, 1103, 1106 and 1151-A 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 "Nickerson Lake Sewer District" in all appropriate locations. 
Sec. 3.  Number of trustees.  The board of trustees of the district is composed of 5 
trustees. Two trustees are appointed by the municipal officers of the Town of Linneus, 
one of whom must be the owner of property within the district and a resident of the Town 
of Linneus and one of whom must be a resident of the district.  Two trustees are 
appointed by the municipal officers of the Town of New Limerick, one of whom must be 
the owner of property within the district and a resident of the Town of New Limerick and 
one of whom must be a resident of the district.  The 5th trustee must be appointed by the 
municipal officers of the Town of Linneus and the Town of New Limerick and must be a 
resident of either town. 
Sec. 4.  First board.  The first board of trustees of the district is appointed by the 
municipal officers of both the Town of Linneus and the Town of New Limerick.  The 
terms of the first board are governed by the Maine Revised Statutes, Title 35-A, section 
6410, subsection 4. 
Sec. 5.  Terms of trustees; vacancies.  After the appointment of the first board of 
trustees of the district, trustees are appointed to 3-year terms. Vacancies must be filled by 
municipal appointment for 3-year terms. 
Sec. 6.  Town responsibility.  Except for the appointment of the first board of 
trustees and the initial referendum, the Town of Linneus and the Town of New Limerick 
are not responsible for any acts of the district. 
Sec. 7.  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 a referendum called for that purpose and held after 
July 1, 2011 but within 2 years after the effective date of this Act.  The referendum must 
be called by the municipal officers of the respective towns and must be held at the regular 
voting places.  The referendum must be called, advertised and conducted according to the 
law relating to municipal elections.  The registrars shall make a complete list of all the 
eligible voters of the proposed district as described in this Act.  The list prepared by the 
registrars governs the eligibility of a voter. For the purpose of registration of voters, the 
registrars of voters must be in session the regular workday preceding the referendum.  
The subject matter of this Act is reduced to the following question: 
"Do you favor creating the Nickerson Lake Sewer District?" 
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 Linneus and 
the Town of New Limerick and due certificate of the results filed by the clerks with the 
Secretary of State. 
This Act takes effect for all other purposes immediately upon its approval by a 
majority of the legal voters of each town voting at the referendum. 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 within 2 years after the effective date of 
this Act. 
SUMMARY 
This bill creates the Nickerson Lake Sewer District.