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PRIVATE & SPECIAL LAWS
Second Special Session of the 121st

PART A

     Sec. A-1. P&SL 1985, c. 107, Pt. B, §2-A is enacted to read:

     Sec. 2-A. Particular rights and franchise. The district has all the rights, privileges, franchise and property of the former Dover and Foxcroft Village Fire Company the same as though originally granted or conveyed to the district, and all liabilities and obligations of the former Dover and Foxcroft Village Fire Company are the liabilities and obligations of the district, the same as if incurred by the district, and all suits brought by or against the company must be in the name of the district whether the cause of action accrued before or after the change of the name of the Dover and Foxcroft Village Fire Company to the Dover and Foxcroft Water District pursuant to Private and Special Law 1903, chapter 11.

     Sec. A-2. P&SL 1985, c. 107, Pt. B, §3 is repealed.

     Sec. A-3. P&SL 1985, c. 107, Pt. B, §3-A is enacted to read:

     Sec. 3-A. Territorial limits; corporate name. That part of the Town of Dover-Foxcroft described as follows: beginning at the point of intersection of 45 degrees, 12 minutes, 30 seconds north latitude and 69 degrees, 11 minutes, 26 seconds west longitude; thence due south to 45 degrees, 11 minutes, 29 seconds north latitude; thence due west to 69 degrees, 12 minutes, 12 seconds west longitude; thence south to 45 degrees, 10 minutes, 30 seconds north latitude; thence west to 69 degrees, 16 minutes, 00 seconds west longitude; thence north to 45 degrees, 11 minutes, 28 seconds north latitude; thence west 69 degrees, 18 minutes, 18 seconds west longitude; thence north to 45 degrees, 12 minutes, 00 seconds north latitude; thence east to 69 degrees, 13 minutes, 45 seconds west longitude; thence north to 45 degrees, 12 minutes, 30 seconds north longitude; thence east to the point of the beginning; and its inhabitants constitute a standard water district under the name "Dover and Foxcroft Water District," referred to in this Act as "the district."

     Sec. A-4. P&SL 1985, c. 107, Pt. B, §5-A is enacted to read:

     Sec. 5-A. Powers; authority; duties. Except as otherwise specifically provided in this Act, the district has all the powers and authority and is subject to all requirements and restrictions provided in the Maine Revised Statutes, Title 35-A, chapter 64.

     Sec. A-5. P&SL 1985, c. 107, Pt. B, §6, as amended by P&SL 1999, c. 27, §§3 and 4 and affected by §9, is repealed.

     Sec. A-6. P&SL 1985, c. 107, Pt. B, §6-A is enacted to read:

     Sec. 6-A. Trustees. The board of trustees of the district is composed of 5 trustees, elected in accordance with the Maine Revised Statutes, Title 35-A, section 6410. A trustee must be a resident of the Town of Dover-Foxcroft.

     Notwithstanding Title 35-A, section 6410, subsection 7, the trustees are entitled to compensation for their services as determined by the trustees.

     Sec. A-7. P&SL 1985, c. 107, Pt. B, §7, as amended by P&SL 1999, c. 27, §5 and affected by §9, is repealed.

     Sec. A-8. P&SL 1985, c. 107, Pt. B, §8, as amended by P&SL 1999, c. 27, §6 and affected by §9, is repealed.

     Sec. A-9. P&SL 1985, c. 107, Pt. B, §§10, 11 and 12 are repealed.

     Sec. A-10. P&SL 1985, c. 107, Pt. B, §§12-A and 12-B are enacted to read:

     Sec. 12-A. Refinancing authorized. For the purpose of financing certain capital improvements to the district's water system, the board of trustees of the district, without a district vote or the provision of notice to the voters or ratepayers of the district or the holding of a special district meeting for the purpose of collecting testimony from the public concerning the purpose and amount of debt authorized, may issue and sell to the Maine Municipal Bond Bank revenue bonds or notes of the district for the purpose of refinancing certain revenue bonds dated June 28, 1988, in the aggregate principal amount of $2,115,500, that were issued to the United States of America acting through the Farmers Home Administration. The bonds authorized by this Act are payable over a term not to exceed the term remaining on the bonds dated June 28, 1988 and must be signed by the treasurer of the Dover and Foxcroft Water District and countersigned by the chair of the district board of trustees. The district may sell the bonds authorized by this Act to the Maine Municipal Bond Bank upon such terms and conditions as the board of trustees of the district and the Maine Municipal Bond Bank may approve.

     Sec. 12-B. Issuance of debt; debt limit. In addition to the authority granted under section 12-A, the district may issue debt in accordance with Title 35-A, chapter 64. The board of trustees may not issue any bond, note or other evidence of indebtedness payable within a period of more than 12 months after the date of issuance, excluding debt authorized under section 12-A, unless the total amount of such debt issued by the board is no more than $1,500,000.

     The district may amend the debt limit established in this section in accordance with the provisions of the Maine Revised Statutes, Title 35-A, section 6413.

     The district is subject to the provisions of Title 35-A, section 6310.

     Sec. A-11. P&SL 1985, c. 107, Pt. B, §13 is repealed.

     Sec. A-12. P&SL 1985, c. 107, Pt. B, §13-A is enacted to read:

     Sec. 13-A. Pratt's rips. In addition to the authority granted under the Maine Revised Statutes, Title 35-A, chapter 64, the district is authorized to sell or lease for manufacturing purposes any power on the district's dam at Pratt's rips, so-called, at the district's pumping station not used by the district for supplying water for the district's water works system, as long as the sale or lease is subject to a reservation of sufficient power for the district's present or future needs in supplying water to the district's water system and any extension of the water system.

     Sec. A-13. P&SL 1985, c. 107, Pt. B, §14 is repealed.

     Sec. A-14. P&SL 1985, c. 107, Pt. B, §§14-A and 14-B are enacted to read:

     Sec. 14-A. Water rights; eminent domain. In addition to the authority granted under the Maine Revised Statutes, Title 35-A, chapter 64, the district is authorized, for the purposes mentioned in this charter, to take and hold sufficient water from Garland Pond, situated in Dover-Foxcroft and the Town of Sebec, in the county of Piscataquis, and may raise the waters of the pond by a dam at the outlet of the pond to such a height as the district may determine expedient; the district may take and hold by purchase or otherwise any land or real estate necessary for erecting dams, and flowage caused by any dams, power, reservoirs or for preserving the purity of the water and watersheds, and for maintaining a way or ways from the public highways to the pond, and for laying and maintaining aqueducts for conducting, discharging, distributing and disposing of water.

     Nothing in this section or section 13-A or 14-B exempts the district from otherwise applicable laws or rules, including, but not limited to, laws relating to the erection or removal of dams, the establishment of water levels, the sale of water power or the exercise of eminent domain.

     Sec. 14-B. Power to take water. In addition to the authority granted under the Maine Revised Statutes, Title 35-A, chapter 64, the district is authorized to take, hold, divert, use and distribute water from Salmon Stream Pond situated in the Town of Guilford.

     Sec. A-15. P&SL 1985, c. 107, Pt. B, §§15 and 16 are repealed.

     Sec. A-16. P&SL 1985, c. 107, Pt. B, §16-A is enacted to read:

     Sec. 16-A. Miscellaneous provisions; bylaws. The board of trustees may adopt bylaws as necessary for their own convenience and the proper management of the affairs of the district. This Act does not annul the existing bylaws and ordinances of the district in effect as of the effective date of this section, and those laws and ordinances remain in force until altered, amended or repealed except where in direct conflict with any provision of this Act.

     Sec. A-17. P&SL 1985, c. 107, Pt. B, §17 is repealed.

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