Bill H.3965 187th (2011 - 2012)

SECTION 1. Chapter 359 of the acts of 1950 is hereby amended by striking out section 1 and inserting in place thereof the following section:-



Section 1. The inhabitants of the town of Dighton liable to taxation in said town, and

residing within the territory comprised within the following boundary lines, to wit: --Beginning

at the intersection of the Taunton and Three Mile rivers and continuing up stream by the south

side of the Three Mile river to the boundary of the North Dighton Fire District in the town of

Dighton, thence southerly by said boundary to the southeast corner of the North Dighton Fire

District in the town of Dighton, then westerly by said district boundary and extending beyond it

to a corner 500 feet true north of the center line of Tremont street at a point 500 feet west of the intersection of the center lines of Middle and Tremont streets, thence in a southerly direction to the northwest corner of the 'Brick' Church cemetery on Center street, thence along the westerly boundary of said cemetery to a corner at Center street and thence proceeding southerly to a point 2,500 feet west of the intersection of the center lines of Milk and Main streets to a corner, thence southeasterly to a corner 1,000 feet west of the center line of Elm street and 500 feet south of the center line of Hart street, thence easterly parallel to Hart street and 500 feet distant from the center line of Hart street to the old roadbed right of way of the New York, New Haven and Hartford Railroad, thence southerly by the old railroad right of way to Broad cove, thence southerly by the shore of Broad cove to the Dighton/Somerset boundary; thence easterly by said boundary to the west bank of the Taunton river and thence northerly by the west shore of said river to the point of beginning, and within the additional territory depicted upon a plan entitled “Plan of Land in Dighton, MA (Bristol County) Prepared For Dighton Water District, Scale: 1" = 1250', October 18, 2011, John W. Delano and Associates, Inc., Registered Land Surveyors and Engineers, 27 Jefferson Street, Taunton, MA and 220 Hudson Street, Halifax, MA”, subscribed and sealed by John W. Delano, and recorded in the Bristol County northern district registry of deeds in book 483, pages 33 and 34, which plan was adopted by a vote of a special Dighton Water District meeting on November 10, 2011, and by a special town meeting of the town of Dighton on December 1, 2011, shall constitute a water district and are hereby made a body corporate by the name of Dighton Water District, hereinafter called the district, for the purpose of supplying themselves with water for the extinguishment of fires and for domestic and other purposes, with power to establish fountains and hydrants and to relocate and discontinue the same, to regulate the use of such water and to fix and collect rates to be paid, and for the purposes of assessing and raising taxes as provided herein for the payment for such services, and for defraying the necessary expenses of carrying on the business of said district, subject to all general laws now or hereafter in force relating to such district, except as otherwise provided herein. The district shall have the power to prosecute and defend all actions relating to its property and affairs.



SECTION 2. Said chapter 359 of the acts of 1950 is hereby further amended by adding the

following section:-



Section 17. There is established in the Dighton Water District a perpetual trust for the funding of water resources exploration, acquisition and development. The trust shall be known as the Dighton Water District Water Resources Exploration, Acquisition and Development Trust and shall be managed by a board of trustees consisting of 3 members.

The board of commissioners of the Dighton Water District shall appoint 1 of their number to serve as an ex officio member of the board of trustees of such trust initially for a term of 3 years. The board of commissioners shall also appoint a resident of the district who is not a district official or employee, as a member of the board of trustees, initially for a term of 2 years. The board of selectmen of the town of Dighton shall appoint a selectman of the town who is also a resident of the Dighton Water District or any other Dighton Water District resident if no selectman resides in said district, as a member of the board of trustees, initially for a term of 1 year. Thereafter, as the terms of members of the board of trustees expire, their successors shall be appointed for terms of 3 years in the same manner. Vacancies in the board of trustees shall be filled in the manner of original appointments. The members of the board of trustees shall serve

without compensation and shall annually elect a chairman and a secretary from their own

number to serve for 1 year or until their successors are elected. A majority of the board of

trustees shall constitute a quorum for the transaction of business.

The treasurer of the Dighton Water District shall also serve as the treasurer of the board of trustees of the Dighton Water District Water Resources Exploration, Acquisition and

Development Trust and shall annually and at other times upon the request of the board of

trustees report to the board the condition of the trust. The bond of the treasurer of the

Dighton Water District shall be sufficient to serve also as the bond of the treasurer of the board

of trustees of such trust.

All money or property which the Dighton Water District may receive by gift or bequest

for exploration, acquisition, and development of water resources, shall be administered by

the board of trustees of the Dighton Water District Water Resources Exploration, Acquisition

and Development Trust, in accordance with the provisions of such gift or bequest, or, in the

absence of stipulations, in accordance with a vote of the district upon a recommendation of the

board of trustees. The board of trustees shall make an annual report to the district of its receipts and expenditures, and of the property in its custody, with a statement of any unexpended balance

of money and of any gifts or bequests which it holds in behalf of the district, with its

recommendations.





END



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The following communication in relation to this petition was received on February 2, 2012 from the Secretary of the Commonwealth:-





February 2, 2012



BY HAND



Honorable Steven James

Clerk of the House of Representatives

State House, Room 145

Boston, MA 02133



RE: Petition of Patricia A. Haddad and Marc R. Pacheco for legislation relative to the

Dighton Water District in the town of Dighton





Dear Mr. James:



Enclosed please find the above-referenced petition and bill. Proof of notice has been filed with this office in connection with the above-referenced petition as required by Massachusetts General Laws Chapter 3 § 5. Publication was made in a newspaper of general circulation.





Respectfully,







William F. Galvin



WFG/prg