An Act To Revise the Charter of the Kennebunk Sewer District
Maine Legislature, Session 127, LD 1223
Committee: Energy, Utilities and Technology
Sponsors: DUNPHY, WOODSOME, BEAVERS, GROHMAN, HIGGINS, O'CONNOR, VEROW

Legislative Document 
No. 1223 
H.P. 841 
House of Representatives, April 7, 2015 
An Act To Revise the Charter of the Kennebunk Sewer District 
(EMERGENCY) 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative DUNPHY of Embden. 
Cosponsored by Senator WOODSOME of York and 
Representatives: BEAVERS of South Berwick, DeCHANT of Bath, GROHMAN of 
Biddeford, HIGGINS of Dover-Foxcroft, O'CONNOR of Berwick, VEROW of Brewer. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation must take effect before the expiration of the 90-day period 
in order for necessary improvements to be made to the Kennebunk Sewer District system; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  Territorial limits; corporate name; purposes.  The inhabitants and 
territorial limits within that part of the Town of Kennebunk situated between the Atlantic 
Ocean and the southeasterly side of the Maine Turnpike and the territory of the Town of 
Kennebunk situated on the northwesterly side of the Maine Turnpike and described on 
the October 2004 Town of Kennebunk tax maps as follows:  Map 020, Lot 001; P/O Map 
020, Lot 002; Map 027, Lot 014; Map 020, Lot 018; P/O 018, Lot 071; P/O 018, Lot 067; 
Map 018, Lot 072; P/O 028, Lot 005; Map 027, Lot 005; Map 027, Lot 004; Map 027, 
Lot 011; P/O 029, Lot 010; P/O 021, Lot 098; Map 020, Lot 001; Map 020, Lot 002; Map 
027, Lot 022; Map 027, Lot 020; Map 027, Lot 019; Map 020, Lot 003; and Map 020, 
Lot 024 are made and declared to be a public sewerage district and a quasi-municipal 
corporation under the name "Kennebunk Sewer District," referred to in this Act as "the 
district," and is a system of public sewerage constructed, maintained and operated for the 
public health and welfare and for the benefits of the inhabitants and property in the 
district served by the sewerage facilities, in the manner and with the rights, duties and 
immunities as described in this Act and all applicable statutes. 
The district is authorized to provide services outside the territory of the district to 
school buildings and facilities owned by Maine Regional School Unit 21 or its successors 
and to municipal buildings and facilities owned by the Town of Kennebunk and may own 
such easements, rights of way, sewer lines and other facilities as are necessary or 
convenient to provide that service, but the cost of locating and constructing sewer 
facilities located outside the boundaries of the district for that purpose are borne entirely 
by Maine Regional School Unit 21 or its successors or the Town of Kennebunk and any 
sewer facilities located outside the boundaries of the district for that purpose may be used 
only by Maine Regional School Unit 21 or its successors and the Town of Kennebunk. 
Sec. 2.  Authority to construct and maintain.  Inside the territory and outside 
the territory to serve buildings and facilities owned by Maine Regional School Unit 21 or 
its successors and the Town of Kennebunk, the district has the authority to lay pipes, 
drains, sewers and conduits, and to take up, repair and maintain the pipes, drains, sewers 
and conduits or to contract for the pipes, drains, sewers and conduits to be done, in, along 
and through any public or private ways and public grounds, and in, along and through 
lands of any person or corporation as provided in this Act, to and into tidal waters, rivers, 
watercourses and treatment works or into any drain or sewer now or hereafter built that 
empties into tidal waters, rivers, watercourses and treatment works.  The discharge from 
the pipes, drains, sewers and conduits must be at such points consistent with the 
requirements of public health as found convenient and reasonable for the district and the 
flow of existing watercourses.  The district shall construct and maintain treatment works, 
pumping stations, basins, reservoirs, flush tanks and such other appliances for collecting, 
holding, purifying and disposing of sewerage matter and commercial and industrial waste 
as may be necessary or proper.  The district has the authority to do any or all other things 
necessary or incidental to accomplish the purposes of the district. 
Sec. 3.  Exemption from taxation.  The district is a public municipal corporation 
within the meaning of the Maine Revised Statutes, Title 36, section 651, and the property 
of the district is exempt from taxation to the extent provided in that section. 
Sec. 4.  Board of trustees.  All affairs of the district are managed by a board of 
trustees composed of 5 members who must be residents of the district and elected as 
provided in this Act.  The trustees holding office on the effective date of this Act shall 
continue to hold office until their terms expire. 
1.  Nominations and elections; vacancies; terms.  Nominations and elections of 
trustees must be conducted in accordance with the laws relating to municipal elections in 
the Maine Revised Statutes, Title 30-A, chapter 121, and all elections must be conducted 
by secret ballot in accordance with Title 30-A, section 2528. 
If a vacancy arises in the membership of the board of trustees, the district shall call a 
special election, except that, upon request by the board, the municipal officers may fill 
the vacancy by appointment. 
The preparation and correction of lists of the persons qualified to vote in the district is the 
responsibility of the registrar of the Town of Kennebunk as defined in Title 21-A, section 
1, subsection 38 and must be performed under the same procedure governing the 
preparation and correction of lists of persons qualified to vote in town elections.  All 
meetings of the district are presided over by a moderator chosen in the same manner and 
with the same authority as moderators of town meetings. All warrants issued for elections 
by the trustees must show that only the voters residing within the territorial limits of the 
district are entitled to vote. 
At each annual municipal election of the Town of Kennebunk, the voters of the district 
shall elect a trustee for the term of 3 years.  If the Town of Kennebunk does not hold an 
annual election, the district shall arrange for an annual election to fill the trustee position 
that ends in that year and to fill any vacancy in the office of trustee.  When a trustee 
ceases to be a resident of the district, the trustee shall vacate the office of trustee and the 
vacancy is filled as provided in this subsection, as applicable. All trustees are eligible for 
reelection or reappointment, but a person who is a municipal officer, as defined in Title 
30-A, section 2001, subsection 10, of any town located, in whole or in part, within the 
district is not eligible for appointment, nomination or election as a trustee of the district. 
2.  Organization; conduct of business.  After each annual municipal election of the 
Town of Kennebunk, the trustees shall organize by electing a chair, vice-chair, treasurer 
and clerk.  The trustees may adopt a corporate seal and, when necessary, may choose 
other needful officers and agents for the proper conduct and management of the affairs of 
the district and fix any compensation for such officers or agents, who serve at the 
pleasure of the board of trustees.  The treasurer shall furnish bond or insurance in such a 
sum and with such sureties as the trustees approve, the cost of the bond or insurance to be 
paid by the district. 
The trustees may adopt and establish bylaws and rules and regulations consistent with the 
laws of this State and necessary for the convenience and the proper management of the 
affairs of the district and perform other acts within the powers delegated by law to the 
trustees. 
The trustees are sworn to the faithful performance of their duties, which include the 
duties of any member who serves as clerk or clerk pro tem. 
At the close of each fiscal year, the trustees shall make a detailed report of their activities, 
of the receipts and expenditures of the district, of its financial and physical condition and 
of other matters and things pertaining to the district and shall file the report with the 
municipal authorities. 
Business of the district must be conducted in accordance with the applicable provisions of 
the Freedom of Access Act. 
3.  Meetings of district.  The trustees may call meetings of the district at any time.  
Notice of the meeting, signed by the chair or clerk of the board, must be conspicuously 
posted at the Kennebunk Town Hall not less than 7 days before the meeting and must 
state the business to be transacted at the meeting. 
On written petition of 10% of the voters of the district, the trustees shall call a meeting of 
the district within 60 days. 
All persons resident in the district and qualified to vote for Governor under the laws of 
this State are entitled to vote in any meeting of the district. 
4.  Meetings of trustees.  The trustees may call meetings of the board of trustees at 
any time.  Notice of the regularly scheduled meetings of the board, signed by the chair or 
clerk of the board, must be posted at the offices of the district and the Kennebunk Town 
Hall not less than 7 days before the meeting and must state the business to be transacted 
at any such meeting. 
Special meetings of the board may be called as are regularly scheduled meetings, but on 
one day's notice. 
In the event of an emergency meeting, local representatives of the media must be notified 
of the meeting, whenever practical. Notification must include time and location and must 
be in the same manner as used to notify the members of the board.  The minutes of an 
emergency meeting must state the reason for the meeting. 
5.  Decisions of the board.  All decisions of the board of trustees must be made by a 
majority of those present and voting, except that a vote to approve the issuing of any 
bond, note or other evidence of indebtedness payable within a period of more than 12 
months after the date of issuance must be approved by a majority of the entire board. A 
quorum of the board consists of the total number of authorized trustees divided by 2 and, 
if necessary to obtain a whole number, the resulting number rounded up to the next whole 
number. 
Trustees are subject to the conflict of interest provisions of Title 30-A, section 2605. 
6.  Trustee compensation.  The trustees receive compensation as recommended by 
the trustees and approved by majority vote of the municipal officers of the Town of 
Kennebunk, including compensation for any duties they perform as officers as well as for 
their duties as trustees. Certification of the vote must be recorded with the Secretary of 
State and recorded in the bylaws. Compensation for duties as trustees must be based on 
an amount specified in the bylaws for each meeting actually attended plus reimbursement 
for travel and expenses, with the total not to exceed a specific amount as specified in the 
bylaws. Compensation schedules in effect on January 1, 2013 continue in effect until 
changed. 
7.  Trustee retirement.  A person who has not been a trustee prior to January 1, 
1987, or who is not a full-time employee, is not eligible to become a member of the 
Maine Public Employees Retirement System as a result of the person's selection as a 
trustee. 
8.  Expenses.  The trustees may obtain an office and incur necessary expenses. 
9.  Recall.  The trustees may be recalled in accordance with the following provisions. 
A.  The qualified electors of the district may petition for the recall of a trustee after 
the first year of the term for which the trustee is elected by filing a petition with the 
municipal clerk demanding the recall of the trustee.  A trustee may be subject to 
recall for misfeasance, malfeasance or nonfeasance in office.  The petition must be 
signed by electors equal to at least 25% of the vote cast for the office of Governor at 
the last gubernatorial election within the district.  The recall petition must state the 
reason for removal. 
B.  Within 3 business days after the petition is offered for filing, the municipal clerk 
shall determine by careful examination whether the petition is sufficient and so state 
in a certificate attached to the petition.  If the petition is found to be insufficient, the 
certificate must state the particulars creating the insufficiency.  The petition may be 
amended to correct an insufficiency within 5 days following the affixing of the 
original certificate.  Within 2 days after the offering of the amended petition for 
filing, the petition must again be carefully examined to determine sufficiency and a 
certificate stating the findings must be attached.  Immediately upon finding an 
original or amended petition sufficient, the municipal clerk shall file the petition and 
call a special election to be held not less than 45 days nor more than 90 days from the 
date the municipal clerk certifies the petition as sufficient.  The municipal clerk shall 
notify the trustee against whom the recall petition is filed of the special election. 
C.  The trustee against whom the recall petition is filed is a candidate at the special 
election without nomination, unless the trustee resigns within 10 days after the 
original filing of the petition.  There is no primary.  Candidates for the office may be 
nominated under the usual procedure of nomination for trustees by filing nomination 
papers, not later than 5 p.m., 4 weeks preceding the election and having their names 
placed on the ballot at the special election. 
D.  The trustee against whom a recall petition has been filed shall continue to perform 
the duties of the trustee's office until the result of the special election is officially 
declared. The person receiving the highest number of votes at the special election is 
declared elected for the remainder of the term.  If the incumbent receives the highest 
number of votes, the incumbent continues in office.  If another candidate receives the 
highest number of votes, the other person succeeds the incumbent within 10 days 
after receiving notification. 
E.  After one recall petition and special election, no further recall petition may be 
filed against the same trustee during the term for which the trustee was elected. 
Sec. 5.  Coordination with municipal planning.  The following provisions 
facilitate coordination of municipal planning and sewer extension planning. 
1.  Growth management.  The trustees shall cooperate with municipal officials in 
the development of municipal growth management and other land use plans and 
ordinances. 
2.  Development that affects the district.  Municipal officers shall cooperate with 
the trustees during the consideration of development applications that may affect the 
operations of the district. 
Sec. 6.  Powers.  Except as otherwise provided by law, for the purposes of its 
incorporation, the district may locate, construct and maintain pipes, drains, sewers, 
conduits, treatment plants, pumping stations and other necessary structures and 
equipment for the collection, interception and treatment of sewerage, commercial and 
industrial waste and storm and surface water for the health, welfare, comfort and 
convenience of the inhabitants of the district. 
All incidental powers, rights and privileges necessary to accomplish the objectives of 
this chapter are granted to the district. 
Sec. 7.  Right of eminent domain.  The authority and procedures for the exercise 
of eminent domain by the district must conform to the Maine Revised Statutes, Title 38, 
sections 1152, 1152-A, 1153 and 1154. In addition, the district may not take by right of 
eminent domain any of the property or facilities of any other public utility used or 
acquired for future use by the owner of the public utility in the performance of a public 
duty, unless expressly authorized by a special Act of the Legislature. 
Sec. 8.  Crossing other public utilities and railroad corporations.  If the 
district, in constructing, maintaining or replacing any of its facilities, must cross property 
of another public utility or railroad corporation, the district must obtain the consent of the 
other public utility or railroad corporation and undertake the work in accordance with 
conditions established by agreement. If, within 30 days after requesting consent, the 
district fails to reach an agreement with the public utility or railroad corporation, the 
district may petition as follows. 
1.  Public utility.  In the case of crossing property of a public utility, the district may 
petition the Public Utilities Commission to determine the time, place and manner of 
crossing. All work done on the property of the public utility must be done under the 
supervision and to the satisfaction of the public utility or as prescribed by the Public 
Utilities Commission. 
2.  Railroad corporation.  In the case of crossing the property of a railroad 
corporation, the district may petition the Department of Transportation to determine the 
time, place and manner of crossing. All work done on the property of the railroad 
corporation must be done under the supervision and to the satisfaction of the railroad 
corporation or as prescribed by the Department of Transportation. 
All work under this section must be done at the expense of the district. 
Sec. 9.  Sewer extensions.  Sewer extensions are governed by this section. 
1.  Written assurance from municipality.  The district may not construct any sewer 
extension unless it acquires from the municipal officers or the designee of the municipal 
officers of any municipality through which the sewer extension will pass written 
assurance that: 
A.  Any development, lot or unit intended to be served by the sewer extension is in 
conformity with any adopted municipal plans and ordinances regulating land use; and 
B.  The sewer extension is consistent with adopted municipal plans and ordinances 
regulating land use. 
If the municipal officers fail to issue a response to a written request from the district for 
written assurance within 45 calendar days of receiving the request in writing, the written 
assurance is deemed granted. 
Not less than 7 days prior to the meeting at which the trustees will take final action on 
whether to proceed with the extension, the trustees shall publish notice of the proposed 
extension in a newspaper having a general circulation that includes all municipalities 
through which the sewer extension will pass. 
2.  Review of municipal decision.  For an intermunicipal sewer extension, when 
written assurance is denied by municipal officers pursuant to subsection 1, an aggrieved 
party may appeal, within 15 days of the decision, to the Department of Agriculture, 
Conservation and Forestry for a review of the municipal officers' decision. 
Notwithstanding the Maine Revised Statutes, Title 5, chapter 375, subchapter 4, the 
following procedures apply to the review by the Department of Agriculture, Conservation 
and Forestry. 
A.  The Department of Agriculture, Conservation and Forestry may request any 
additional information from the sewer district, the municipality or the Department of 
Environmental Protection. All information requested must be submitted within 30 
days of the request, unless an extension is granted by the Department of Agriculture, 
Conservation and Forestry. 
B.  Within a reasonable time, the Department of Agriculture, Conservation and 
Forestry shall hold a hearing. The Department of Agriculture, Conservation and 
Forestry shall give at least 7 days' written notice of the hearing to the district, the 
municipality and the party that requested the hearing. The hearing is informal and the 
Department of Agriculture, Conservation and Forestry may receive any information it 
considers necessary. 
C.  Within 15 days of the hearing and within 60 days of the request for review, the 
Department of Agriculture, Conservation and Forestry shall make a decision that 
must include findings of fact on whether the sewer extension proposal is inconsistent 
with adopted municipal plans and ordinances regulating land use. The decision of the 
Department of Agriculture, Conservation and Forestry constitutes final agency action. 
D.  Notwithstanding subsection 1, if the Department of Agriculture, Conservation and 
Forestry determines that the sewer extension proposal is not inconsistent with 
adopted municipal plans and ordinances regulating land use, the Department of 
Agriculture, Conservation and Forestry shall issue written assurance that the proposal 
is consistent with adopted municipal plans and ordinances regulating land use and the 
sewer district may construct the sewer extension. 
Sec. 10.  Conditions for carrying out work.  When the district enters, digs up or 
excavates a public way or other land for the purpose of laying its sewers, drains or pipes 
or constructing or maintaining manholes or catch basins or their appurtenances or for any 
other purpose, the work must be done expeditiously.  Upon completion of the work, the 
district shall restore the way or land to the condition it was in prior to the work or to a 
condition equally as good.  Whenever the character of the work is such that it endangers 
travel on a public way, the municipal officers of the Town of Kennebunk may order a 
temporary closing of the way and of any intersecting way upon request of the district.  
The way must remain closed to public travel until the municipal officers determine it 
restored to a condition safe for traffic. 
Sec. 11.  Contracts.  The district, through its trustees, in order to carry out the 
purposes of its incorporation, may contract with a person, district, utility or corporation or 
with a municipality, the State or other governmental entity whether located inside or 
outside the boundaries of the district. 
Sec. 12.  Lease of property.  The district may enter into a lease and leaseback 
transaction with respect to some or all of its real or personal property, other than land, and 
may take all other necessary action, including, but not limited to, the granting of 
mortgages and liens, to effectuate the transaction. For purposes of this section, "lease" 
includes a lease of any length, including leases that may be defined as sales for income 
tax purposes. 
Sec. 13.  Enforcement.  The district has enforcement powers as specified in this 
section. 
1.  Violation of standards by an industrial user.  The district may seek in a civil 
action injunctive relief from an industrial user that violates a pretreatment standard or 
requirement, administered by the  district. The  district may seek a civil penalty of up to 
$1,000 per day for each violation by an industrial user of a pretreatment standard or 
requirement. 
2.  Injury to property of the district.  A person may not place, discharge or leave 
any offensive or injurious matter or material on or in the conduits, catch basins or 
receptacles of the district contrary to its regulations or knowingly injure any conduit, 
pipe, reservoir, flush tank, catch basin, manhole, outlet, engine, pump or other property 
held, owned or used by the district. 
A person who violates this subsection is liable to pay twice the amount of the damages to 
the district to be recovered in any proper action and is subject to a civil penalty not to 
exceed $2,500 for each violation, payable to the district. The civil penalty is recoverable 
in a civil action. 
3. Required connection.  Except as provided in subsection 4, upon receiving a 
request from the district to connect a building located in the territory of the district that is 
accessible to a sewer or drain of the district and that is intended for human habitation or 
occupancy or that has facilities for discharge or disposal of wastewater or commercial or 
industrial waste, the owner of that building shall arrange to have the building connected 
through a sanitary sewer or drainage system to the district's accessible sewer or drain in 
the most direct manner possible. If feasible, each building requiring connection must have 
its own separate connection. The connection must be completed within 90 days of the 
receipt by the owner of the request, or within any extended period requested by the owner 
and agreed to by the trustees. For purposes of this subsection, "owner" includes the 
owners of record or any person against whom property taxes on the building are assessed. 
A person who receives a notice in accordance with this subsection to connect to a 
building and fails to connect to the building in accordance with this subsection is subject 
to a civil penalty not to exceed $2,500, payable to the district. This penalty is recoverable 
in a civil action. 
4.  Connections not required.  An existing building that is already served by a 
private sewer system is not required to connect with a 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 applicable law or ordinance applicable to the connection 
with a sewer or drain or the district or any applicable requirements of the state plumbing 
code, as determined by the municipal plumbing inspector or the municipal plumbing 
inspector's alternate, or, in the event that both are trustees or employees of the sewer 
district, the division of health engineering within the Department of Health and Human 
Services. 
5.  Permissive connection.  A person not otherwise required to connect a private 
sewer into a sewer of the district may connect to the district's sewer if that person obtains 
a permit from the district and pays any charges required by the district. The clerk of the 
district shall record the permit in the district records. 
Sec. 14.  Inspection of sewers.  The officers or agents of the district have free 
access to all premises served by the district's sewers, at all reasonable hours, for 
inspection of plumbing and sewage fixtures, to ascertain the quality and quantity of 
sewage discharged and the manner of discharge and to enforce this Act and the rules 
prescribed by the trustees. 
Sec. 15.  Rights and obligations of abutters and others to enter.  A person 
may not connect a private sewer to a district sewer until: 
1.  Inspection.  The private sewer has been inspected by a designated agent of the 
district and that agent has certified in writing that the private sewer has been constructed 
in compliance with and meets all requirements and conditions of the district's regulations; 
2.  Payment.  The person has paid or has made arrangements acceptable to the 
district to pay all assessments, impact fees or other charges the district imposes when a 
private sewer is connected to any of the district sewers; and 
3.  Permit.  The person has obtained a permit in writing permitting the connection 
from the trustees.  Before a permit is issued, the clerk or the clerk's designee for the 
district shall record the permit in the district's records. 
Every building in the district intended for human habitation or occupancy or with 
facilities for discharge or disposal of sewage or commercial or industrial waste accessible 
to a sewer of the district must, in the most direct manner possible, connect to the district 
sewer within 90 days after receiving from the district a request to connect or within such 
further time as the trustees of the district may grant.  Whenever feasible, each building 
must have a separate connection to the district's sewer.  A building is considered 
accessible to a sewer of the district if the building is at any point within 200 feet of a 
district sewer or if any private sewer or drain directly or indirectly connected to the 
building or carrying wastewater or commercial or industrial waste from the building 
comes within 200 feet of a district sewer.  This section does not require the owner of a 
building to acquire any real property or easement for the sole purpose of making the 
connection. 
Sec. 16.  Rates and fees.  A person, firm and corporation, whether public or 
private or municipal, shall pay to the treasurer of the district rates established by the 
trustees for the sewer or drainage service used or available with respect to their real estate 
so long as those rates are consistent with this section.  For the purposes of this section, 
"rate" means a rate, toll, rent, assessment, impact fee, supplemental charge or other lawful 
charge established by the district. 
1.  Uniform rates.  Rates must be uniform within the district whenever the cost to the 
district of installation and maintenance of sewers, treatment facilities or their 
appurtenances and the cost of service is substantially uniform, except that: 
A.  The district may establish a higher rate in sections where, for any reason, the cost 
to the district of construction and maintenance, or the cost of service, exceeds the 
average as long as the higher rates are uniform throughout the sections where the 
rates apply; and 
B.  Trustees may reduce the impact fee or connection fee, as those terms are defined 
in the Maine Revised Statutes, Title 30-A, section 5061, for sewer service to newly 
constructed affordable housing in accordance with Title 30-A, chapter 202-A. 
2.  Multidistrict rates.  Notwithstanding any other provision of law, the district that 
shares, supplies or contracts for services with another district shall establish rates 
mutually agreeable to the trustees of each participating district. 
3.  Readiness to serve.  The district's rates may include readiness to serve rates 
charged against owners of real estate abutting or accessible but not connected to sewers 
or drains of the district, whether or not the real estate is improved. 
4.  Interest on late payments.  The district may charge and collect interest on 
delinquent accounts at a rate not to exceed the highest lawful rate set by the Treasurer of 
State for municipal taxes. 
5.  Adoption of rate schedule.  Prior to the adoption of a new 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 not less than once in a 
newspaper having a general circulation in the district not less than 7 days prior to the 
hearing. The district shall mail to each ratepayer a notice of the public hearing and the 
proposed rate at least 14 days prior to the hearing. 
6.  Revenue from rates.  The sewer rates, tolls, rents, impact fees, entrance charges 
and other lawful charges established by the board of trustees in accordance with this Act 
must be fixed and adjusted with respect to the aggregate of the rates, tolls, rents, impact 
fees and entrance charges so as to produce revenue at least sufficient, together with any 
other money available to produce revenue, to: 
A.  Pay the current expenses of operating and maintaining the sewerage, drainage and 
treatment system of the district; 
B.  Pay the principal of and premium, if any, and interest on all bonds and notes 
issued by the district as they become due and payable; 
C.  Create and maintain such reserves as may be required by the trustees or any trust 
agreement or resolution securing bonds and notes; 
D.  Provide funds for paying the cost of all necessary repairs, replacements and 
renewals of the sewerage, drainage and treatment systems of the district; 
E.  Pay or provide for any amounts that the district may be obligated to pay or 
provide for by law or contract, including any resolution or contract with or for the 
benefit of the holders of its bonds and notes; and 
F.  Provide revenue in order to pay all or part of the present or projected cost to 
improve, enlarge or expand the district's system, including payment of interest 
accruing on any indebtedness for such purposes. 
7.  Civil action for unpaid rates.  If rates under this section are not paid, and the 
district does not collect unpaid rates pursuant to the Maine Revised Statutes, Title 38, 
section 1050, the district may maintain a civil action against the person who has not paid 
rates for the amount of the unpaid rates plus 10% interest. 
Sec. 17.  Waiver of sewer district lien foreclosure.  The district may use the 
following provisions to waive a lien foreclosure. 
1.  Waiver.  The treasurer of the district, when authorized by the trustees, may waive 
the foreclosure of the district lien mortgage created pursuant to this Act by recording in 
the York County Registry of Deeds a waiver of foreclosure before the period for the right 
of redemption from the lien mortgage has expired. The lien mortgage remains in full 
effect after the recording of a waiver. Other methods established by law for the collection 
of any unpaid rates are not affected by the filing of a waiver under this section. 
2.  Form.  The waiver of foreclosure under subsection 1 must be substantially in the 
following form. 
The foreclosure of the sewer lien mortgage on real estate for charges 
against........................(NAME) to Kennebunk Sewer District dated...............and recorded 
in the York County Registry of Deeds in Book........., Page........ is hereby waived. 
The form must be dated, signed by the treasurer of the district and notarized. A copy of 
the form must be provided to the party named on the lien mortgage and each record 
holder of a mortgage on the real estate. 
Sec. 18.  Collection of unpaid rates.  The district may secure payment of the 
district's rates pursuant to this section. 
1.  Lien.  There is a lien on real estate served or benefited by the sewers of the district 
to secure the payment of the district's rates. The lien established under this section takes 
precedence over all other claims on such real estate, except claims for taxes. 
2.  Collection.  The treasurer of the district may collect rates and all rates must be 
committed to the treasurer. The treasurer may, after demand for payment, sue in the name 
of the district in a civil action in any court of competent jurisdiction for any rates 
remaining unpaid. In addition to other methods established by law for the collection of 
rates and without waiver of the right to sue for the collection of rates, the lien created 
under subsection 1 may be enforced in the following manner. 
A.  When rates have been committed to the treasurer of the district for collection, the 
treasurer may, after the expiration of 3 months and within one year after the date 
when the rates became due and payable, give to the owner of the real estate served, 
leave at the owner's last and usual place of abode or send by certified mail, return 
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 rates 
due, describing the real estate upon which the lien is claimed and stating that a lien is 
claimed on the real estate to secure the payment of the rates and demanding the 
payment of the rates within 30 days after service or mailing, with $1 added to the 
demanded rate for the treasurer and an additional fee to cover mailing the notice by 
certified mail, return receipt requested. The notice must contain a statement that the 
district is willing to arrange installment payments of the outstanding debt. 
B.  After the expiration of 30 days and within one year after giving notice pursuant to 
paragraph A, the treasurer of the district shall record in the York County Registry of 
Deeds a certificate signed by the treasurer setting forth the amount of the rates due, 
describing the real estate on which the lien is claimed and stating that a lien is 
claimed on the real estate to secure payment of the rates and that a notice and demand 
for payment has been given or made in accordance with this section and stating 
further that the rates remain unpaid. At the time of the recording of the certificate in 
the registry, the treasurer shall file in the office of the district a true copy of the 
certificate and shall mail a true copy of the certificate by certified mail, return receipt 
requested, to each record holder of any mortgage on the real estate, addressed to the 
record holder at the record holder's last and usual place of abode. 
C.  The filing of the certificate in the York County Registry of Deeds creates a 
mortgage held by the district on the real estate described in the certificate that has 
priority over all other mortgages, liens, attachments and encumbrances of any nature, 
except liens, attachments and claims for taxes, and gives to the district all the rights 
usually possessed by mortgagees, except that the district as mortgagee does not have 
any right to possession of that real estate until the right of redemption has expired. 
D.  If the mortgage created under paragraph C, together with interest and costs, has 
not been paid within 18 months after the date of filing the certificate in the York 
County Registry of Deeds in accordance with paragraph B, the mortgage is 
foreclosed and the right of redemption expires. The filing of the certificate in the 
registry is sufficient notice of the existence of the mortgage. In the event that the rate, 
with interest and costs, is paid within the period of redemption, the treasurer of the 
district shall discharge the mortgage in the same manner as provided for discharge of 
real estate mortgages. 
E.  The owner of the real estate shall pay the sum of the fees for receiving, recording 
and indexing the lien, or its discharge, as established by the Maine Revised Statutes, 
Title 33, section 751, plus $13, plus all certified mail, return receipt requested, fees. 
F.  Not more than 45 days or less than 30 days before the foreclosing date of the 
mortgage created under paragraph C, the treasurer of the district shall notify the party 
named on the mortgage and each record holder of a mortgage on the real estate in a 
writing signed by the treasurer or bearing the treasurer's facsimile signature and left at 
the holder's last and usual place of abode or sent by certified mail, return receipt 
requested, to the holder's last known address of the impending automatic foreclosure 
and indicating the exact date of foreclosure. For sending this notice, the district is 
entitled to receive $3 plus all certified mail, return receipt requested, fees, which must 
be added to and become a part of the amount due under paragraph E. If notice is not 
given in the time period specified in this paragraph, the person not receiving timely 
notice has up to 30 days after the treasurer provides notice as specified in this 
paragraph in which to redeem the mortgage. The notice of impending automatic 
foreclosure must be substantially in the following form: 
KENNEBUNK SEWER DISTRICT 
NOTICE OF IMPENDING AUTOMATIC FORECLOSURE 
SEWER LIEN 
M.R.S.A., Title 38, section 1050 
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 
KENNEBUNK SEWER DISTRICT. 
TO:............................. 
You are the party named on the Sewer Lien Certificate filed on........., 20.. and 
recorded in Book ...., Page ..... in the York County Registry of Deeds.  This 
Kennebunk Sewer District filing created a sewer lien mortgage on the real estate 
described in the Sewer Lien Certificate. 
On ......, 20.., the sewer 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 KENNEBUNK SEWER 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. 
............................. 
District Treasurer 
G.  The district shall pay the treasurer $1 for the notice, $1 for filing the lien 
certificate and the amount paid for certified mail, return receipt requested, fees. The 
fees for recording the lien certificate must be paid by the district to the register of 
deeds. 
H.  A discharge of the certificate given after the right of redemption has expired, 
which discharge has been recorded in the York County Registry of Deeds for more 
than one year, terminates all title of the district derived from that certificate 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 district has conveyed 
any interest based upon the title acquired from any of the affected liens. 
Sec. 19.  District to bill only property owners.  The district may bill only the 
owner of the property receiving service. 
Sec. 20.  Bonds and notes.  The district may authorize bonds and notes. 
1.  Authorization of bonds.  The district may provide by resolution of its board of 
trustees, without district vote, except as provided in subsection 10, for the borrowing of 
money and the issuance from time to time of bonds, subject to the debt limitation set in 
this section, for any of its corporate purposes, including, but not limited to: 
A.  Paying and refunding its indebtedness; 
B.  Paying any necessary expenses and liabilities, whether incurred by the district or 
the Town of Kennebunk, the district being authorized to reimburse the Town of 
Kennebunk for any such expenses incurred or paid by it; 
C. Paying costs directly or indirectly associated with acquiring properties, paying 
damages, laying sewers, drains and conduits, constructing, maintaining and operating 
sewage and treatment plants or systems and making renewals, additions, extensions 
and improvements to the same and covering interest payments during the period of 
construction and for the period after construction as the trustees may determine; 
D. Providing reserves for debt service, repairs and replacements or other capital or 
current expenses as may be required by a trust agreement or resolution securing 
bonds; and 
E.  Any combination of the purposes in paragraphs A to D. 
Bonds may be issued as general obligations of the district or as special obligations 
payable solely from particular funds.  The total outstanding and unpaid indebtedness of 
the district may not at any one time exceed the sum of $30,000,000.  The principal of and 
premium if any and interest on all bonds are payable solely from the funds provided for 
that purpose from revenues. "Revenues" means and includes the proceeds of bonds, all 
revenues, rates, fees, entrance charges, assessments, rents and other receipts derived by 
the district from the operation of its sewer system and other properties, including, but not 
limited to, investment earnings and the proceeds of insurance, condemnation and sale of 
or other disposition of properties.  All bonds issued by the district are legal obligations of 
the district.  The district is a quasi-municipal corporation within the meaning of the 
Maine Revised Statutes, Title 30-A, section 5701.  Bonds may be issued without 
obtaining the consent of a commission, board, bureau or agency of the State or the Town 
of Kennebunk and without any proceedings, limitations or conditions to meet other than 
those specifically required under this Act.  Bonds issued under this Act do not constitute a 
debt or liability of the State or the Town of Kennebunk or a pledge of the faith and credit 
of the State or the municipality, but the bonds are payable solely from the funds provided 
for that purpose, and a statement to that effect must be recited on the face of the bonds. 
2.  Notes.  The district may also provide by resolution of its board, without district 
vote, for the issuance from time to time of notes in anticipation of bonds authorized under 
this section and of notes in anticipation of the revenues to be collected or received in any 
year or in anticipation of the receipt of federal or state grants or other aid.  The issuance 
of these notes is governed by the applicable provisions of this section relating to the 
issuance of bonds, except that notes in anticipation of revenue must mature no later than 
one year from their respective dates and notes issued in anticipation of federal or state 
grants or other aid and renewals must mature no later than the expected date of receipt of 
those grants or aid. Notes in anticipation of revenue issued to mature less than one year 
from their dates may be renewed from time to time by the issuance of other notes, except 
that the period from the date of an original note to the maturity of any note issued to 
renew or pay the same or the interest on the note may not exceed one year. 
The district is authorized to enter into agreements with the State or the United States, or 
any agency of either, or any municipality, corporation, commission or board authorized to 
grant or loan money to or otherwise assist in the financing of projects of the type the 
district is authorized to carry out and to accept grants and borrow money from the 
government, agency, municipality, corporation, commission or board necessary or 
desirable to accomplish the purposes of the district. 
3.  Maturity; interest; form, temporary bonds.  The bonds issued under this 
section must be dated, mature at a time or times not exceeding 40 years from their date or 
dates and bear interest at a rate or rates determined by the board.  The bonds may be 
made redeemable before maturity, at the option of the district, at a price or prices and 
under any terms and conditions as may be fixed by the board prior to the issuance of the 
bonds.  The board shall determine the form of the bonds, including any interest coupons 
to be attached to the bonds, and the manner of execution of the bonds and shall fix the 
denomination or denominations of the bonds and the place or places of payment of 
principal and interest, which may be at any bank or trust company inside or outside the 
State.  Bonds are executed in the name of the district by the manual or facsimile signature 
of the officer or officers authorized in the resolution to execute the bonds.  One signature 
on each bond must be a manual signature.  Coupons, if any, attached to the bonds must be 
executed with the facsimile signature of the officer or officers of the district designated in 
the resolution.  If the officer whose signature or a facsimile of whose signature appears on 
any bonds or coupons ceases to be an officer before the delivery of the bonds, the 
signature or its facsimile is valid and sufficient for all purposes as if the officer had 
remained in office until the delivery. 
Notwithstanding any of the other provisions in this Act or any recitals on any bonds 
issued under this section, all bonds are deemed to be negotiable instruments under the 
laws of this State.  The bonds may be issued in coupon or registered form, or both, as the 
board may determine.  Provision may be made for the registration of any coupon bonds as 
to principal alone and as to both principal and interest and for the reconversion into 
coupon bonds of any bonds registered as to both principal and interest.  The board may 
sell bonds in that manner, either at public or private sale, at a price as it determines to be 
in the best interest of the district.  The proceeds of the bonds of each issue must be used 
solely for the purpose for which those bonds are authorized and must be disbursed in such 
a manner and under such restrictions as the board provides in the resolution authorizing 
the issuance of the bonds or in the trust agreement securing the bonds. The resolution 
providing for the issuance of bonds and any trust agreement securing the bonds may 
contain such limitations upon the issuance of additional bonds as the board determines 
proper.  The additional bonds must be issued under such restrictions and limitations 
prescribed by that resolution or trust agreement.  Prior to the preparation of definitive 
bonds, the board may, under like restrictions, issue interim receipts or temporary bonds, 
with or without coupons, exchangeable for definitive bonds when those bonds are 
executed and are available for delivery.  The board may provide for the replacement of 
any bond that is mutilated, destroyed or lost. 
4.  Pledges and covenants; trust agreement.  The issuance of notes or bonds 
constitutes a pledge of net revenues of the district for the prompt payment of associated 
debt service or bonds when due. 
In the discretion of the board, any issue of bonds may be secured by a trust agreement by 
and between the district and a corporate trustee that may be any trust company inside or 
outside the State. 
A.  The resolution authorizing the issuance of the bonds or the trust agreement must, 
unless for another specified source of revenue, pledge or assign, in whole or in part, 
the revenues and other money held or to be received by the district and any account 
and contract or other rights to receive the same, whether then existing or coming into 
existence and whether then held or acquired by the district, and the proceeds from the 
bonds, but the resolution or trust agreement may not convey or mortgage the sewer 
system or any other properties of the district.  The resolution may also contain 
provisions for protecting and enforcing the rights and remedies of the bondholders 
that are reasonable and proper and not in violation of law, including, but not limited 
to, covenants setting forth the duties of the district and the board of trustees in 
relation to the acquisition, construction, reconstruction, improvement, repair, 
maintenance, operation and assurance of its sewer system or any of its other 
properties; the fixing and revising of rates, fees and charges; the application of the 
proceeds of bonds; the custody, safeguarding and application of revenues; the 
defining of defaults and providing for remedies in the event of defaults, which may 
include the acceleration of maturities; the establishment of reserves; and the making 
and amending of contracts.  The resolution or trust agreement may set forth the rights 
and remedies of the bondholders and of the corporate trustee, if any, and may restrict 
the individual right of action by bondholders as is customary in trust agreements or 
trust indentures securing bonds or debentures of corporations.  In addition, the 
resolution or trust agreement may contain such other provisions as the board of 
trustees determines reasonable and proper for the security of the bondholders.  All 
expenses incurred in carrying out the resolution or trust agreement may be treated as 
a part of the cost of operation.  The pledge by any resolution or trust agreement is 
valid and binding and is deemed continuously perfected for the purposes of the 
Uniform Commercial Code from the time when the pledge is made.  All revenues, 
money, rights and proceeds so pledged and received by the district are immediately 
subject to the lien of the pledge without any physical delivery or segregation of the 
pledge or further action under the Uniform Commercial Code or otherwise.  The lien 
of the pledge is valid and binding against all parties having claims of any kind in tort, 
contract or otherwise against the district irrespective of whether those parties have 
notice of the lien of the pledge. 
B.  The resolution authorizing the issuance of bonds under this Act, or any trust 
agreement securing those bonds, must, unless for another specified source of revenue, 
provide that all or a sufficient amount of revenues, after providing for the payment of 
the cost of repair, maintenance and operation and reserves for the payment as may be 
provided in the resolution or trust agreement, is set aside at such regular intervals as 
may be provided in the resolution or trust agreement and deposited in the credit of a 
fund for the payment of the interest on and the principal of bonds issued under this 
chapter as the principal becomes due and the redemption price or purchase price of 
bonds retired by call or purchase.  The use and disposition of money to the credit of 
the fund is subject to such regulations as may be provided in the resolution 
authorizing the issuance of the bonds or in the trust agreement securing the bonds 
and, except as may otherwise be provided in the resolution or trust agreement, the 
fund is a fund for the benefit of all bonds without distinction or priority of one over 
another. 
5.  Trust funds.  Notwithstanding any other provision of law, all money received 
pursuant to the authority provided under this Act is deemed to be trust funds, to be held 
and applied solely as provided in this Act.  The resolution authorizing the issuance of 
bonds or the trust agreement securing the bonds must provide that any officer to whom, 
or bank, trust company or other fiscal agent to which, the money is paid acts as trustee of 
the money and shall hold and apply the same for the purposes of this Act, subject to such 
regulations as may be provided in the resolution or trust agreement or as may be required 
under this Act. 
6.  Remedies.  A holder of bonds issued under this Act or of any of the coupons 
appertaining to the bonds or a corporate trustee under any trust agreement, except to the 
extent the rights given may be restricted by the resolution authorizing the issuance of 
those bonds or trust agreement, may, either at law or in equity, by suit, action, mandamus 
or other proceeding, including proceedings for the appointment of a receiver to take 
possession and control of the properties of the district, protect and enforce any and all 
rights under the laws of the State or granted under this Act or under the resolution or trust 
agreement.  The holder of bonds and the trustee under any trust agreement may enforce 
and compel the performance of any duty required by this Act or by the resolution or trust 
agreement to be performed by the district or by any officer of the district, including the 
fixing, charging and collecting of rates, fees and charges for the use of or for the services 
and facilities furnished by the district. 
7.  Refunding bonds.  The board by resolution, without district vote, may issue 
refunding bonds for the purpose of paying any of its bonds at maturity or upon 
acceleration or redemption.  The refunding bonds may be issued at such time prior to the 
maturity or redemption of the refunded bonds as the board determines to be in the public 
interest.  The refunding bonds may be issued in sufficient amounts to pay or provide the 
principal of the bonds being refunded, together with any redemption premium on the 
bonds, any interest accrued or to accrue to the date of payment of those bonds, the 
expenses of issue of the refunding bonds, the expenses of redeeming the bonds being 
refunded and such reserves for debt service, including costs of issuance,  or other capital 
or current expenses from the proceeds of such refunding bonds as may be required by a 
trust agreement or resolution securing bonds.  The issuance of refunding bonds, the 
maturities and other details of the refunding bonds, the security for refunding the bonds, 
the rights of the holders of the refunding bonds and the rights, duties and obligations of 
the district in respect of the same are governed by the applicable provisions of this section 
relating to the issuance of bonds other than refunding bonds. 
8.  Tax exemption.  All bonds, notes or other evidences of indebtedness issued under 
this Act, their transfer and the income from the bonds, notes or other evidences of 
indebtedness, including any profit made on the sale of bonds, notes or other evidences of 
indebtedness, must at all times be free from taxation within the State. 
9.  Bonds declared legal investments.  Bonds and notes issued by the district are 
securities in which all public officers and public bodies of the State and its political 
subdivisions, insurance companies and associations and other persons carrying on an 
insurance business; trust companies, banks, bankers and banking associations; savings 
banks and savings associations, including savings and loan associations; credit unions; 
building and loan associations; investment companies; executors, administrators, trustees 
and other fiduciaries; pension, profit-sharing and retirement funds; and other persons 
carrying on a banking business, and all other persons who are authorized to invest in 
bonds or other obligations of the State, may properly and legally invest funds, including 
capital in their control or belonging to them. The bonds and notes are securities that may 
properly and legally be deposited with and received by any state, municipal or public 
officer or any agency or political subdivision of the State for any purpose for which the 
deposit of bonds or other obligations of the State is authorized by law. 
10.  Certain bond issues; special meeting; vote.  If the trustees vote to authorize 
bonds or notes for any of the corporate purposes of the district, excluding notes payable 
within one year, notes in anticipation of bonds authorized pursuant to this Act, notes in 
anticipation of the revenues to be collected or received in any year and notes in 
anticipation of the receipt of approved federal or state grants, the authorized amount of 
which singly or in aggregate included in any one financing is $1,000,000 or more, the 
trustees must call a special district meeting for the purpose of permitting the collection of 
testimony from the public concerning the purpose and the amount of debt so authorized.  
Notice of the special district meeting, stating the approximate amount of the debt and the 
purpose for which it is being issued, must be published not less than 7 full days prior to 
the date of the meeting in a newspaper having general circulation in the district and must 
be mailed to each ratepayer in the district not later than the date of the publication.  A 
debt may not be incurred under the vote of the trustees until the expiration of 7 full days 
following the date of the special district meeting. 
Except for debt to fund that part of any project that has been approved for grant financing 
by the State Government or Federal Government to meet the requirements of the United 
States Clean Water Act, including any related facilities not eligible for that financing but 
essential to the operation of the approved project as an integral system, for debts in excess 
of the amount specified in this section, the following petition and referendum procedure 
applies.  If, on or before the 7th day following the date of the special district meeting, a 
petition signed by at least 5%, but not fewer than 50, of the registered voters of the 
district is filed with the clerk of the district requesting reference of the vote of the trustees 
to referendum, the clerk of the district shall call and hold a special election of the voters 
of the district for the purpose of submitting to referendum vote a question of approving 
the vote of the trustees.  The vote of the trustees is suspended until it has received 
approval by vote of a majority of the voters of the district voting on the question at the 
special election. 
Sec. 21.  Authority to increase debt limits.  Notwithstanding any provision of 
this Act to the contrary, the district may increase its debt limit by referendum in 
accordance with this section. The district is not required to use the procedure provided by 
this section and may seek to increase its debt limit by any other lawful means, including 
pursuant to any other means described in this Act or by seeking legislative amendment to 
this Act. 
1.  Referendum.  If the district chooses to increase its debt limit pursuant to this 
section, the board shall propose a new debt limit and submit the proposal for approval at a 
districtwide referendum. The referendum must be called, advertised and conducted 
according to the law relating to municipal elections in the Maine Revised Statutes, Title 
30-A, chapter 121, except the registrar of voters is not required to prepare or the clerk to 
post a new list of voters. The referendum may be held outside the territory of the district 
if the usual voting place for persons located within the district is located outside the 
territory of the district. For the purpose of registering voters, the registrar of voters must 
be in session on the regular work day preceding the election. The question presented must 
conform to the following: 
"Do you favor changing the debt limit of the Kennebunk Sewer 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 board and entered upon the district's records. Due 
certificate of results must be filed by the clerk with the Secretary of State. 
2.  Approval.  A debt limit proposal becomes effective upon its acceptance by a 
majority of the legal voters within the district voting at the referendum. Failure of 
approval by the majority of legal voters voting at the referendum does not prevent 
subsequent referenda from being held for the same purpose. The cost of referenda are 
borne by the district. 
Sec. 22.  Mutual funds; sewer districts.  The district may invest its funds, 
including sinking funds, reserve funds and trust funds, to the extent that the term of any 
instrument creating the funds does not prohibit the investment, in shares of an investment 
company registered under the federal Investment Company Act of 1940, whose shares are 
registered under the United States Securities Act of 1933, only if the investments of the 
investment company are limited to obligations of the United States or any agency or 
instrumentality, corporate or otherwise, of the United States or repurchase agreements 
secured by obligations of the United States or any agency or instrumentality, corporate or 
otherwise, of the United States. This section is in addition to, and not in limitation of, any 
power of the district to invest its funds. 
Sec. 23.  Competitive bidding.  A contract in excess of $2,000 between the 
district and a contractor for the construction of facilities located on private property for 
the exclusive use of a private individual and for which the private individual is required 
to pay the total cost directly to the district must be awarded by a system of competitive 
bidding.  Unless there are valid reasons to the contrary, the contracts must be awarded to 
the lowest responsible bidder. 
Sec. 24.  District personnel records.  The personnel records of the district are 
confidential to the same extent as municipal records pursuant to the Maine Revised 
Statutes, Title 30-A, section 2702, subsection 1.  The records are reviewable by 
employees of the district to the same extent and in the same manner as provided for 
municipal personnel records pursuant to Title 30-A, section 2702, subsection 2. 
Sec. 25.  P&SL 2005, c. 13, as amended, is repealed. 
Sec. 26.  Emergency clause; referendum; effective date.  In view of the 
emergency cited in the preamble, this Act takes effect when approved but only for the 
purpose of permitting its submission to the legal voters within the territory described in 
section 1 at the election called for that purpose by January 1, 2016.  The election must be 
called, advertised and conducted according to the law relating to municipal elections, 
except that the registrar of voters is not required to prepare or the town clerk to post a 
new list of voters.  For the purpose of registration of voters, the registrar of voters must 
be in session on the secular day preceding the election.  The subject matter of this Act is 
reduced to the following question: 
"Do you favor adopting the Kennebunk Sewer District charter, 2015 
revision?" 
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 Kennebunk 
and due certificate of the results filed by the town clerk with the Secretary of State. 
This Act takes effect for all other purposes immediately upon its approval by a 
majority of the legal voters voting at the election. 
SUMMARY 
This bill revises the Kennebunk Sewer District charter to conform to the Maine 
Revised Statutes, Title 38, chapter 10 and make minor changes and updates.