An Act To Authorize Portions of the City of Caribou to Secede and Form the Town of Lyndon
Maine Legislature, Session 128, LD 0830
Committee: State and Local Government
Sponsors: JACKSON

Legislative Document
No. 830
S.P. 276
In Senate, March 7, 2017
An Act To Authorize Portions of the City of Caribou to Secede and 
Form the Town of Lyndon
Reference to the Committee on State and Local Government suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  Separation of certain portions of the City of Caribou and 
incorporation as Town of Lyndon.  Subject to a referendum election held in 
accordance with section 2 of this Part, the following territory now within the City of 
Caribou and Aroostook County, together with the inhabitants of that territory, is separated 
and set off from the City of Caribou and incorporated into a separate town by the name of 
the Town of Lyndon: certain portions of the City of Caribou, referred to in this Act as 
"the Lyndon territory." The Town of Lyndon remains within Aroostook County. 
The boundaries of the Town of Lyndon are described as follows: Lyndon's southwest 
town line begins at a point on the Caribou/Washburn town line at latitude 46.81538 and 
longitude -68.05818, it then follows the Caribou/Washburn town line south to a point that 
intersects with the Caribou/Presque Isle Municipal line located at latitude 46.7770 and 
longitude -68.05687, it then turns east and follows the Caribou/Presque Isle town line to a 
point being Lyndon's southeast corner abutting the Township of Fort Fairfield at a point 
of latitude 46.77946 and longitude of -67.91955, then north along the Caribou/Fort 
Fairfield town line to the intersection of the Limestone town line at latitude 46.86591 and 
longitude -67.91920, then west along the Caribou/Limestone town line to a point of 
latitude 46.86638 and longitude -67.92709, then north along the Caribou/Limestone town 
line to a point of intersection where the boundary lines of the four towns of Caribou, 
Limestone, Caswell and the unorganized township of Connor meet, at latitude 46.95785 
and longitude -67.92950. From this point the town line of Lyndon extends westerly along 
the Caribou/Connor boundary to a point of intersection with the town line of New 
Sweden at latitude 46.95574 and longitude -68.06271, it then goes south along the 
Caribou/New Sweden then Woodland town line to a point of latitude 46.88072 and 
longitude -68.06120. From here, Lyndon's town line turns easterly and extends to a point 
on the east side of the former Bangor and Aroostook Railroad tracks, now the property of 
the State of Maine, located at latitude 46.88150 and longitude -67.99563. It then goes 
south by southeast following the eastern edge of the old rail bed to a point on the center 
line of Maine State Highway 89, also known as the Access Highway, at latitude 
46.87449, longitude -67.98872. The line then goes east-northeast along said center line of 
Highway 89 to a point of latitude 46.87505 and longitude -67.97542. Here the line turns 
south, following a right-of-way, then crossing the railroad tracks and continuing across 
the Aroostook River to a high-water mark on its southerly bank to a point located at 
latitude 46.87044 and longitude -67.97615. It then follows the high-water mark southwest 
then south along the Aroostook River's eastern bank to a point at latitude 46.81702 and 
longitude -67.98546. Lyndon's town line then turns west crossing the Aroostook River 
and goes to a point along the eastern edge of U.S. Route 1 to a point of latitude 46.81654 
and longitude -67.99490. The line then goes west and slightly north crossing said 
highway to a point on the western edge of U.S. Route 1 to the northeast corner of Lot 4F 
Caribou Tax Map 5 located at latitude 46.81690 and longitude -67.9967, it then goes 
west/southwest following the northern boundary line of lot 4F to a point 2 rods from the 
center line of the eastern side of Main Street at latitude 46.81628 and longitude 
-67.99816. The town line then goes west by northwest crossing Main Street to latitude 
46.81365 and longitude -67.99851, the northeast corner of Lot 10C on Caribou Tax Map 
5. The town line then goes westerly to the Caribou/Washburn town line to its point of 
beginning at latitude 46.81537 and longitude -68.05818. 
Sec. A-2.  Referendum election.  This Part takes effect no sooner than 30 days 
after completion of agreement or arbitration of debts and assets between the Lyndon 
territory and the City of Caribou in Part B to permit its submission to the voters of the 
Lyndon territory at a special referendum election to be held on January 10, 2018. 
Warrants must be issued for this election notifying the qualified voters to vote on the 
approval or rejection of this Part. 
For the purposes of this referendum election, all persons resident and legally 
registered to vote within the Lyndon territory are eligible to vote on the question with 
respect to the separation of the Lyndon territory from the City of Caribou. 
The city clerk of the City of Caribou shall prepare the required ballots on which the 
subject matter of this Act must be reduced to the following question: 
"Do you favor the separation of certain portions of the City of Caribou 
from the City of Caribou and their incorporation as the Town of 
Lyndon?" 
The voters shall indicate by a cross or check mark placed against the word "Yes" or 
"No" their vote on this question. 
The referendum election must be conducted by the city clerk of the City of Caribou, 
who shall declare the result of the election. After the polls close and after a ballot 
inspection and recount, if one is necessary, the city clerk's declaration of the election 
results is final, subject to review by the Superior Court for the County of Aroostook and 
located in the City of Caribou.  The city clerk shall file the results of the referendum 
election with the Secretary of State.  The Lyndon territory shall reimburse the City of 
Caribou for the reasonable and necessary administrative costs the City of Caribou incurs 
in conducting this referendum election. 
Sec. A-3.  Effective date of separation.  If a majority of those voting in the 
referendum under section 2 of this Part approve the question, this Part takes effect with 
respect to the Lyndon territory and the Lyndon territory is separated from the City of 
Caribou and is incorporated as the Town of Lyndon on July 1, 2018. 
Sec. A-4.  Provision for first meeting.  If a majority of those voting in the 
referendum under section 2 of this Part approve the question, within 30 days after the 
election a justice of the peace or notary public may issue a warrant to a legal voter in the 
Lyndon territory directing that legal voter to notify the inhabitants within the Lyndon 
territory of a public meeting to select 5 transition representatives by written ballot. Notice 
of the public meeting must be provided to the inhabitants at least 7 days prior to the 
meeting. 
Effective immediately after the election, the transition representatives selected at the 
meeting are vested with the powers to represent the future Town of Lyndon and to enter 
into letters of intent and memoranda of understanding for the establishment of its local 
government, to negotiate interlocal agreements and to engage in other necessary 
transition activities. 
Any agreements made by the transition representatives must be presented for 
ratification by the Town of Lyndon's legislative body after the incorporation of the Town 
of Lyndon. The term of the transition committee members expires July 31, 2018. 
Within 30 days prior to July 1, 2018, a justice of the peace or notary public may issue 
a warrant to a legal voter in the future Town of Lyndon directing that legal voter to notify 
the inhabitants of a public meeting to select municipal officers and school board members 
and to transact municipal business, to be held at a time and place specified in the warrant. 
Notice to the inhabitants must be provided at least 7 days prior to the meeting. Effective 
July 1, 2018, municipal officers and school board members selected at the meeting are 
vested with all the powers and duties that other duly elected municipal officers and school 
board members have, including the power to raise, borrow and spend money. 
Sec. A-5.  Form of government.  If a majority of those voting in the referendum 
under section 2 of this Part approve the question, the Town of Lyndon will be 
incorporated and separated from the City of Caribou on July 1, 2018 and shall adopt the 
town meeting as its form of government. 
This Act does not prevent the Town of Lyndon from subsequently voting to change 
its form of government without the necessity of a further act of the Legislature. 
Sec. A-6.  Allocation of debts and assets.  If the Town of Lyndon is  
incorporated and is separated from the City of Caribou on July 1, 2018, the Town of 
Lyndon shall assume its just and due proportion of the debts of the City of Caribou and 
must receive the same proportion of the assets of the City of Caribou, including property 
taxes collected from July 1, 2017 to June 30, 2018. Any debt or any asset may be 
excluded upon agreement of both parties. 
Sec. A-7.  Sewage treatment services.  If the Lyndon territory is separated from 
the City of Caribou and is incorporated as the Town of Lyndon, the Caribou Utilities 
District shall provide wastewater and sewage services to the Town of Lyndon in 
accordance with the district's charter. The allocation of financing, operating and 
maintenance costs and any other costs related to wastewater and sewage collection, 
interception and treatment under this section must be consistent with the Caribou Utilities 
District charter, except that, if agreement is not reached between the Town of Lyndon and 
the City of Caribou, the arbitration panel established pursuant to Part B, section 2 may 
allocate or reallocate between the City of Caribou and the Town of Lyndon any of the 
financing, operating and maintenance costs and any other costs related to wastewater and 
sewage collection in its total allocation of debts and assets. 
If the Town of Lyndon fails to make necessary payments on any bonded indebtedness 
and interest for the wastewater and sewage collection facilities allocated to the Town of 
Lyndon pursuant to section 6 of this Part, the City of Caribou shall pay the principal and 
interest on any bonds issued by the Caribou Utilities District prior to July 1, 2018. If the 
City of Caribou makes such payments, the Town of Lyndon shall reimburse the City of 
Caribou those payments and the City of Caribou has a cause of action against the Town 
of Lyndon for any unpaid amount of those payments. 
Sec. A-8.  Water rates.  If the Town of Lyndon is incorporated and is separated 
from the City of Caribou, the Caribou Utilities District shall provide water service to the 
Town of Lyndon in accordance with the district's charter and may charge rates in 
accordance with the provisions of the Maine Revised Statutes, Title 35-A, chapter 61. 
PART B 
Sec. B-1.  Other duties and responsibilities.  Projected debts, assets and 
property taxes for the period June 30, 2017 to July 1, 2018 must be allocated between the 
City of Caribou and the Town of Lyndon as set forth in Part A, section 6. The City of 
Caribou and the Town of Lyndon shall allocate other duties and responsibilities between 
themselves as they mutually determine to be necessary and appropriate and shall 
negotiate with each other in good faith. 
Sec. B-2.  Agreement binding; binding arbitration.  Negotiations under 
section 1 of this Part must be completed by November 1, 2017. This deadline may be 
extended by mutual agreement of the City of Caribou and the Town of Lyndon. If the 
parties reach agreement by the date agreed upon by the parties, the agreement must be 
reduced to writing and is final and binding on the City of Caribou and the Town of 
Lyndon upon incorporation of the Town of Lyndon on July 1, 2018, if the referendum 
question in Part A, section 2 is approved. 
If the parties do not reach agreement by November 1, 2017, the parties shall submit 
any matters remaining in dispute to a panel of arbitrators and shall reduce to writing all 
matters agreed upon. The panel of arbitrators consists of one arbitrator selected by the 
City of Caribou, one arbitrator selected by representatives of a committee for the 
secession of the City of Caribou and one neutral arbitrator selected jointly by the other 2 
arbitrators. Each party shall pay the cost of the arbitrator it chooses; the costs of the 
neutral arbitrator must be apportioned and paid equally by the City of Caribou and the 
Lyndon territory.  Determination of disputed matters by the panel of arbitrators is final 
and binding on the parties. The arbitration must be administered under the auspices of the 
American Arbitration Association and, except for the selection of arbitrators, is governed 
by the commercial rules and procedures of the American Arbitration Association. The 
concept of "last best offer" must be used. These issues must be resolved no later than 
December 1, 2017. 
Sec. B-3.  Educational needs.  Upon the date of its secession from the City of 
Caribou and incorporation as the Town of Lyndon, the Town of Lyndon remains part of 
Regional School Unit 39 or its successor and pays its proportional share of costs, 
including transportation service costs, unless or until such time as it withdraws from the 
regional school unit in accordance with applicable state law.  No further referenda, 
legislation or dispensations by the State or any of its officers, departments or agencies is 
required of the Town of Lyndon to effect the provisions of this section. 
PART C 
Sec. C-1.  Hold harmless provision and enforcement.  The municipal officers, 
municipal officials and residents of the City of Caribou and the Town of Lyndon and all 
their agents are immune from liability for any action taken as a result of this Act.  The 
City of Caribou and the Town of Lyndon, or their successors in interest, may enforce this 
Act by civil action in Superior Court. In any action between the City of Caribou and the 
Town of Lyndon, the court shall award reasonable attorney's fees to the prevailing party. 
Sec. C-2.  Equal rights.  After the separation and incorporation of the Town of 
Lyndon, residents of the Town of Lyndon and the City of Caribou continue to enjoy equal 
access to municipally owned public lands for travel, recreation and related activities and 
enjoy all the rights and privileges they enjoyed before the separation, just as residents of 
other towns and municipalities enjoy. 
SUMMARY 
This bill authorizes the incorporation of certain portions of the City of Caribou into 
the Town of Lyndon if the legal residents of those parts approve, by referendum, 
separation from the City of Caribou and incorporation as a separate town. The bill 
clarifies the binding arbitration process and specifies the liability and rights of the City of 
Caribou and the Town of Lyndon.  The meets and bounds describing the proposed Town 
of Lyndon have not been verified by a licensed professional land surveyor.