An Act To Dissolve the Lisbon Water Department
Maine Legislature, Session 126, LD 1336
Committee: Energy, Utilities and Technology
Sponsors: CRAFTS, MASON, ESPLING

Legislative Document 
No. 1336 
H.P. 953 
House of Representatives, April 4, 2013 
An Act To Dissolve the Lisbon Water Department 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CRAFTS of Lisbon.  (BY REQUEST) 
Cosponsored by Senator MASON of Androscoggin and 
Representative: ESPLING of New Gloucester. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  Town of Lisbon's acquisition of property of Lisbon Water 
Department.  The Town of Lisbon, referred to in this Act as "the town," acquires, under 
the terms contained in this Act, all of the plant, properties, assets, franchises, rights and 
privileges owned by the Lisbon Water Department, referred to in this Act as "the 
department," including, without limitation, all lands, buildings, waters, water rights, 
springs, wells, reservoirs, tanks, standpipes, mains, pumps, pipes, machinery, fixtures, 
hydrants, meters, services, tools, equipment and appliances used or useful in supplying 
water for domestic, sanitary, commercial, industrial and municipal purposes.  The 
consideration paid is the assumption by the town of all of the outstanding debts, 
obligations and liabilities of the department including, without limitation, the assumption 
by the town of any outstanding notes or bonds of the department that are due on or after 
the date of transfer. 
Sec. 2.  Lisbon Water Department required to sell property to the Town 
of Lisbon.  The department, a quasi-municipal corporation organized and existing 
pursuant to Private and Special Law 1903, chapter 241, as amended, under the terms 
contained in this Act, shall sell, transfer and convey to the town by appropriate 
instruments of conveyance all of its plants, properties, assets, franchises, rights and 
privileges including, without limitation, lands, buildings, waters, water rights, springs, 
wells, reservoirs, tanks, standpipes, mains, pumps, pipes, machinery, fixtures, hydrants, 
meters, services, tools, equipment and appliances used or useful in supplying water for 
domestic, commercial, industrial and municipal purposes, in consideration of the 
assumption by the town of all of the outstanding debts, obligations and liabilities of the 
department including, without limitation, the assumption of any outstanding notes or 
bonds of the department that are due on or after the date of the transfer. 
Sec. 3.  Approval of Public Utilities Commission.  The sale and transfer by the 
department to the town of its plants, properties, assets, franchises, rights and privileges 
and the assumption by the town of all of the outstanding debts, obligations and liabilities 
of the department pursuant to sections 1 and 2 and the subsequent use of the plants, 
properties, assets, franchises, rights and privileges by the town within the limits of the 
town are subject to the approval of the Public Utilities Commission as may be required by 
the Maine Revised Statutes, Title 35-A, Part 1. 
Sec. 4.  Contracts of Lisbon Water Department assumed by the Town of 
Lisbon.  All contracts between the department and any person, firm or corporation 
relating to supplying water that are in effect on the date of the transfer by the department 
to the town are to be assumed, performed and carried out by the town. 
Sec. 5.  Dissolution and termination of Lisbon Water Department; pledge 
of revenues.  If all debts, obligations and other liabilities of the department have been 
fully assumed, 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 of the debts, obligations and other liabilities by the town and 
to the notation and substitution of the town as obligor in respect thereto in place of the 
department and, when the transfer of property pursuant to section 3 is complete, the clerk 
of the department shall file a certificate to that effect with the Secretary of State and the 
corporate existence of the department terminates.  Until the corporate existence of the 
department is terminated pursuant to this section, the gross revenues derived by the town 
from the sale of water in the area comprising the former limits of the department must be 
applied first to the payment of expenses and 2nd to payments of debts, obligations and 
other liabilities of the department assumed by the town pursuant to this Act. 
Sec. 6.  P&SL 1903, c. 241, as amended, is repealed. 
Sec. 7.  Referendum procedure; submission at election; form of question; 
effective date. This Act must be submitted to the legal voters of the Town of Lisbon 
voting at the next regularly scheduled municipal election scheduled for Tuesday, 
November 5, 2013.  This election must be called, advertised and conducted in accordance 
with the laws and regulations relating to municipal referendum elections, except that the 
registrar of voters of the Town of Lisbon 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 of the 
Town of Lisbon must be in session the secular day next preceding the election.  The 
subject matter of this Act is reduced to the following question: 
"Do you favor the dissolution of the Lisbon Water Department and the 
acquisition of the assets and liabilities of the Lisbon Water Department 
by the Town of Lisbon?" 
The voters shall indicate by a cross or check mark placed against the word "Yes" or 
"No" their opinion on the question. 
The results of the election must be declared by the municipal officers of the Town of 
Lisbon and due certificate of the results filed by the town clerk with the Secretary of 
State. 
This Act, except for section 6, takes effect for all purposes immediately upon its 
approval by a majority of the legal voters of the Town of Lisbon voting at the election.  
Failure to achieve the necessary approval in any referendum does not prohibit subsequent 
referenda consistent with this section if the referenda are held prior to January 1, 2015. 
Section 6 of this Act takes effect when the Secretary of State receives valid notice of 
dissolution and termination of the Lisbon Water Department pursuant to section 5. 
SUMMARY 
This bill dissolves the Lisbon Water Department.