Title 30-A: MUNICIPALITIES AND COUNTIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Part 3: PLANTATIONS AND UNORGANIZED PLACES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Chapter 302: DEORGANIZATION OF MUNICIPALITIES AND PLANTATIONS HEADING: PL 1989, C. 216, §2 (NEW)
§7205. Deorganization procedure
The local committee, with the assistance of the commission, shall develop a deorganization
procedure which, at a minimum, shall consist of the following components. [1989, c. 216, §2 (NEW).]
The deorganization procedure shall establish a date on which deorganization will
1989, c. 216, §2 (NEW)
2.Provision of educational services.
The deorganization procedure shall provide for educational services, including school
transportation services for all students in the municipality for which deorganization
A. The Commissioner of Education is responsible for implementing this subsection for
incorporation in the deorganization procedure. [1989, c. 216, §2 (NEW); 1989, c. 700, Pt. A, §130 (AMD).]
B. The allowable tuition rate for students sent from one municipality to another in
the former school administrative district shall be determined under Title 20-A, section
5805, subsection 1, except that it is not subject to the state per pupil average limitation
in Title 20-A, section 5805, subsection 2. [1989, c. 216, §2 (NEW).]
C. School transportation services are subject to Title 20-A, chapter 215. [1989, c. 216, §2 (NEW).]
1989, c. 216, §2 (NEW);
1989, c. 700, Pt. A, §130 (AMD)
3.Distribution of financial liabilities and assets.
The deorganization procedure must provide for the distribution of all financial
and other intangible liabilities and assets of the municipality, including liabilities
and assets held by the municipality in any other political subdivision that are affected
by the deorganization. These assets and liabilities include, but are not limited
to, outstanding bonds, notes and any other contractual obligations that extend beyond
the proposed date of deorganization. The service of all bonded indebtedness or other
debt backed by a pledge of the full faith and credit duly authorized by the legal
voters of the deorganizing municipality prior to deorganization remains the responsibility
of the residents of the municipality and may not be transferred in whole or in part
to the residents of a geographic area outside the boundaries of the deorganizing municipality
unless that debt is properly reissued.
A. The commission is responsible for determining these assets and liabilities and incorporating
these provisions in the deorganization procedure. [1989, c. 216, §2 (NEW).]
B. Distribution of these assets and liabilities must be in accordance with chapter
303. [2003, c. 297, §2 (AMD).]
2003, c. 297, §2 (AMD)
4.Distribution of tangible assets and liabilities.
The deorganization procedure shall provide for the distribution of all real and
personal property and other tangible assets of the municipality, including real and
personal property held by the municipality in any other political subdivision that
is affected by the deorganization.
A. The State Tax Assessor is responsible for the identification of all real and personal
municipal property in the municipality and the appropriate distribution of this property. [1989, c. 216, §2 (NEW).]
B. This distribution shall be in accordance with chapter 303. [1989, c. 216, §2 (NEW).]
1989, c. 216, §2 (NEW)
5.Comprehensive land use planning and zoning.
For municipalities not under the jurisdiction of the Maine Land Use Planning Commission,
the Maine Land Use Planning Commission shall prepare a zoning map of the municipality
within one year of the effective date of deorganization.
1989, c. 216, §2 (NEW);
2011, c. 682, §38 (REV)
6.Information about municipality.
The deorganization procedure shall include, at a minimum, the following information:
A. An explanation of the road network and costs to the municipality for road construction
and maintenance for the most recent fiscal year; [1989, c. 216, §2 (NEW).]
B. Population information, consisting of population changes since the latest Federal
Decennial Census and any other population information, including ages of the population,
numbers of households and similar information; [1989, c. 216, §2 (NEW).]
C. Personal income, including individual and household income and changes in personal
income derived from the United States Bureau of Census data and state agency estimates; [1989, c. 216, §2 (NEW).]
D. Property tax assessments and revenues, including amounts of land subject to reduced
tax assessments and changes in tax rates and property valuation; [1989, c. 216, §2 (NEW).]
E. An explanation of the current services provided by the municipality and the impact
of deorganization on these services; and [1989, c. 216, §2 (NEW).]
F. The status of leadership in the municipality, including municipal officers, school
board members, planning board members, road commissioners, social welfare officials
and similar officials. [1989, c. 216, §2 (NEW).]
In developing the deorganization procedure, the local committee shall work closely
with the commission. The local committee shall submit the proposed deorganization
procedure to the commission for review within 90 days of the meeting at which the
voters approved the formulation of a deorganization procedure. If the local committee
fails to develop a deorganization procedure within this period, the commission shall
develop a procedure for the municipality and perform the duties of the local committee
in submitting the procedure to the voters of the municipality.
1989, c. 216, §2 (NEW)
7.Fiscal impact assessment.
The municipality seeking to deorganize shall prepare a report that identifies and
analyzes the service and tax burden effects on the deorganizing municipality, surrounding
municipalities and the unorganized territory that is associated with the deorganization.
The report must include:
A. The principal reason or reasons the inhabitants of the municipality are considering
deorganization; [2003, c. 297, §3 (NEW).]
B. An assessment of the government services being provided to the residents of the
deorganizing municipality, including education, water and sewer service, fire protection,
police protection, street improvements and maintenance, administrative services and
recreational facilities and the effect deorganization will have on the provision of
those services to the residents of the deorganizing municipality; [2003, c. 297, §3 (NEW).]
C. An inventory of the municipally owned assets and a complete accounting of the municipality's
debt and the financial plan for retiring that debt; [2003, c. 297, §3 (NEW).]
D. The fiscal and service delivery effects of deorganization on surrounding municipalities,
special districts, the county and the communities within the county, including the
unorganized territory; and [2003, c. 297, §3 (NEW).]
E. Any alternatives to deorganization that have been considered to address the cause
of the deorganization effort. [2003, c. 297, §3 (NEW).]
2003, c. 297, §3 (NEW)
1989, c. 216, §2 (NEW).
1989, c. 700, §A130 (AMD).
2003, c. 297, §§2,3 (AMD).
2011, c. 682, §38 (REV).
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