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Terms Used In Maine Revised Statutes Title 38 Sec. 1727

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Municipality: means municipality as defined in Title 30?A, section 2001, and includes plantations and unorganized territories. See Maine Revised Statutes Title 38 Sec. 1705
  • Waste facility: means any land area, structure, location or equipment, or combination of them, including landfills, used for handling solid waste and for resource conservation and resource recovery, when utilized. See Maine Revised Statutes Title 38 Sec. 1705
The board of directors may authorize the inclusion of additional member municipalities in the district upon the terms and conditions as the board, in its sole discretion, determines to be fair, reasonable and in the best interest of the district, except that on proper application any municipality that is host to a waste facility of the district must be admitted on equal terms with existing members if the new member municipality assumes or becomes responsible for a proportionate share of liabilities of the district in a manner similar to that of existing municipalities. The legislative body of any nonmember municipality that desires to be admitted to the district shall make application for admission to the board of directors of the district. The directors shall determine the effects and impacts that are likely to occur if the municipality is admitted and shall either grant or deny authority for admission of the petitioning municipality. If the directors grant the authority, they shall also specify any terms and conditions, including, but not limited to, financial obligations upon which the admission is predicated. The petitioning municipality shall comply with the voting procedures specified in section 1721. The vote, if in the affirmative, must be certified by the clerk of that municipality to the board of directors and to the department. Upon satisfactory performance of the terms and conditions of admission, the municipality by resolution of the board of directors becomes and thereafter is a member municipality of the district. The clerk of the district shall promptly certify to the agency and the Secretary of State that the municipality has become a member of the district. The certification is conclusive evidence that the municipality is a lawful member of the district. Upon admission of a municipality to a district, the provisions of section 1724 determine the number of votes to be cast by the director or directors representing that municipality. [PL 2011, c. 655, Pt. GG, §26 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY

PL 1983, c. 820, §2 (NEW). PL 1989, c. 869, §B5 (AMD). PL 1989, c. 890, §§A40,B279 (AMD). PL 1991, c. 66, §B11 (RPR). PL 1995, c. 656, §A33 (AMD). PL 2011, c. 655, Pt. GG, §26 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).