An Act To Amend the Charter of the Canton Water District
Maine Legislature, Session 127, LD 1075
Committee: Energy, Utilities and Technology
Sponsors: PATRICK, PETERSON

Legislative Document 
No. 1075 
S.P. 378 
In Senate, March 24, 2015 
An Act To Amend the Charter of the Canton Water 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. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator PATRICK of Oxford. 
Cosponsored by Representative PETERSON of Rumford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  P&SL 1957, c. 44, §2, as amended by P&SL 1989, c. 52, §2, is further 
amended to read: 
Sec. 2.  Source of supply.  The district, for the purposes of its incorporation, is 
authorized to take, hold, divert, use and distribute water from any river, lake, pond, 
stream, brook, well, spring or other source of water, natural or artificial, within the Town 
of Canton or to contract to do any or all of the foregoing things. 
Sec. 2.  P&SL 1957, c. 44, §6, 2nd ¶, first sentence, as repealed and replaced 
by P&SL 1989, c. 52, §5, is amended to read: 
At each annual meeting of the district At an annual meeting to be called at the discretion 
of the trustees, one trustee shall must be elected by the district by ballot as provided in 
this Act to serve until the annual meeting of the district occurring 3 years thereafter and 
until a successor is elected and qualified. 
Sec. 3.  P&SL 1957, c. 44, §6, 4th ¶, last sentence, as repealed and replaced by 
P&SL 1989, c. 52, §5, is repealed and the following enacted in its place: 
The trustees receive compensation as recommended by the trustees and approved by 
majority vote of the municipal officers of the Town of Canton, 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 an amount specified in the bylaws.  Compensation schedules in effect 
on January 1, 2014 continue in effect until changed. 
Sec. 4.  P&SL 1957, c. 44, §6, last ¶, last sentence, as repealed and replaced by 
P&SL 1989, c. 52, §5, is amended to read: 
They shall make and publish an annual report, including a report of the treasurer, and that 
report may be included in, and published as part of, the town report. 
Sec. 5.  P&SL 1957, c. 44, §14, first ¶, last sentence, as amended by P&SL 
1989, c. 52, §9, is further amended to read: 
Five percent A majority of the persons qualified to vote in such meetings shall constitute 
a quorum. 
Sec. 6.  P&SL 1957, c. 44, §14, last ¶, as amended by P&SL 1989, c. 52, §10, is 
further amended to read: 
All persons customers residing in the district and qualified to vote for Governor under 
the laws of this State shall be are entitled to vote in any meeting of the district. 
Sec. 7.  P&SL 1957, c. 44, §§17 to 19 are enacted to read: 
Sec. 17.  Readiness-to-serve charges.  The district shall assess readiness-to-serve 
charges against properties abutting on or accessible to the water lines of the district that 
on or after January 1, 2016 become improved with new residential or commercial 
structures requiring systems for the disposal of sewage and wastewater but that do not 
connect to the district's water lines.  The district shall assess readiness-to-serve charges at 
the district's minimum rate under the district's rate schedule. 
Sec. 18.  Mutual funds.  The district may invest its funds, including sinking funds, 
reserve funds and trust funds, to the extent that the terms of any instrument creating the 
funds do 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 does not limit the power of the district to invest 
its funds. 
Sec. 19.  Liens for unpaid rates; multi-unit residential rental property.  
The district has a lien on real estate served by the district to secure the payment of unpaid 
rates. 
Notwithstanding the Maine Revised Statutes, Title 35-A, section 706, when a 
landlord has applied for and is granted water utility service to a multi-unit residential 
rental property, the district has a lien on the property and on any interest the landlord has 
in the multi-unit residential rental property to secure payment for the district's service to 
that property with costs and with interest at a rate not to exceed the highest lawful rate set 
by the Treasurer of State for municipal taxes. 
The method for obtaining, enforcing and receiving payment on a lien created under 
this section must be performed in the same manner and has the same effect and creates 
the same rights as provided in the Maine Revised Statutes, Title 38, section 1208 
pertaining to the collection of unpaid rates by a sanitary district, except that a sanitary 
district lien created under Title 38, section 1208 continues with priority over a lien 
created under this section. The notice of impending automatic foreclosure must be 
substantially in the following form: 
CANTON WATER DISTRICT 
NOTICE OF IMPENDING AUTOMATIC FORECLOSURE 
WATER LIEN 
Title 35-A M.R.S.A., section 6111-A 
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 
CANTON WATER DISTRICT. 
TO:............................. 
You are the party named on the Water Lien Certificate filed on .............., 20.. and 
recorded in Book .........., Page ......... in the Oxford County Registry of Deeds. This 
Canton Water District filing created a lien mortgage on the real estate described in the 
Water Lien Certificate. 
On ............., 20..., the water lien mortgage will be foreclosed and your right to 
redeem the mortgage and recover your property by paying the charges and interest of the 
Canton Water District that are owed will expire. 
IF THE LIEN FORECLOSES, 
THE CANTON WATER DISTRICT WILL OWN 
YOUR PROPERTY, SUBJECT ONLY TO 
SANITARY DISTRICT AND 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 Canton Water District, please contact me immediately to discuss this notice. 
............................. 
Canton Water District Treasurer 
The treasurer of the district, when authorized by the trustees, may waive the 
foreclosure of a lien mortgage created pursuant to this section by recording in the 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 rate, toll, rent 
or other charges are not affected by the filing of a waiver under this section. The waiver 
of foreclosure must be substantially in the following form: 
The foreclosure of the water lien mortgage on real estate for charges against .......... 
(NAME) to Canton Water District dated .......... and recorded in the Oxford 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. 
SUMMARY 
This bill amends the Canton Water District charter.  It adds language allowing the 
district to contract out work, changes provisions governing the scheduling of the annual 
meeting of the board of trustees in order to increase flexibility and changes the provisions 
regarding compensation of trustees to have the trustees recommend and the municipal 
officers of the Town of Canton approve compensation amounts.  It removes language 
allowing the trustees to include their annual report in the town report.  It changes a 
quorum at annual and special meetings of the board of trustees from 5% to a majority of 
those present and narrows voting at those meetings from residents of the district to 
customers residing in the district.  It also establishes readiness-to-serve charges, allows 
the district to invest in mutual funds and establishes liens for unpaid rates.