Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The inhabitants of the town of Deerfield, liable to taxation in said town and residing within the area enclosed by the following boundaries, to wit:

Beginning at a point in the center of the Deerfield river, said point being a town corner of Deerfield, a town corner of Conway and on the town line of Shelburne; thence easterly, northerly, easterly and northerly to a point on the Greenfield town line, the last four courses being along the Deerfield and Shelburne town line; thence easterly and southeasterly along the Deerfield and Greenfield town line to Sheldon brook; thence easterly along said Sheldon brook to the center of the Deerfield river, the said Sheldon brook being the Deerfield and Greenfield town line; thence easterly and northerly along the center of the Deerfield river to the center of the Connecticut river, the said Deerfield river being the Deerfield and Greenfield town line and the center of the Deerfield river where it meets the center of the Connecticut river being a Greenfield, Montague and Deerfield town corner, thence southerly along the center of the Connecticut river to a point in the center of said river, northerly of "Whitmore Ferry", the center of the Connecticut river being the Deerfield and Montague town line, the said point in the center of the river being on an extension easterly of the northerly property line of land now or formerly of J.A. and J.A. Crowley; thence westerly to the northeast corner of said Crowley; thence westerly along the northerly boundary line of said Crowley to the northeast corner of land now or formerly of Selivanoff, et al; thence westerly along said Selivanoff to River road; thence westerly across said River road to the northeast corner of land now or formerly of George and June Katsar; thence continuing westerly along said Katsar to the northeast corner of land now or formerly of F.B. Giebel; thence westerly along said Giebel to Pine Nook road; thence westerly across said Pine Nook road to the southeast corner of land now or formerly of the Estate of Marion Davenport; thence westerly along said Davenport to land now or formerly of F.S. Yazwinski; thence southerly on said Yazwinski to land now or formerly of C. and O. Perwak; thence westerly on said Perwak to land now or formerly of F. and H. Grybko; thence southerly on said Grybko to land now or formerly of Meadow Brook Farms; thence westerly along said Meadow Brook Farms to the Boston and Maine Railroad; thence continuing across said Railroad to the northeast corner of land now or formerly of Michael Morawski; thence westerly along said Morawski to Route #5 and #10; thence northwesterly across said Route #5 and #10 to the northeast corner of land now or formerly of F.R. Redmond et ux; thence westerly along said Redmond to land now or formerly of the Penn. Central Co.; thence continuing westerly across said Penn. Central Co. to the northeast corner of land now or formerly of Mill Village, Inc.; thence westerly along said Mill Village, Inc. to other land now or formerly of Mill Village, Inc.; thence southerly on said other land of Mill Village, Inc. to a corner; thence westerly on said other land of said Mill Village, Inc. and H. Jr. and M. Marsh to Mill Village road thence northerly along the easterly sideline of said Mill Village road to a point where the northerly sideline of Lee road extended easterly would intersect the easterly sideline of said Mill Village road; thence westerly across said Mill Village road to a point, said point being in the westerly sideline of said Mill Village road and the northerly sideline of said Lee road; thence westerly along the northerly sideline of said Lee road to the easterly sideline of Interstate Route #91; thence continuing westerly across said Interstate Route #91 to a point; said point being in the northerly sideline of said Lee road, the easterly sideline of Sand Gully road and the westerly sideline of said Interstate Route #91, thence northerly along the westerly sideline of said Interstate Route #91 to land now or formerly of Meadow Brook Farms; thence northwesterly, westerly and southwesterly along said Meadow Brook Farms to land now or formerly of the Deerfield Fire District; thence continuing southwesterly along said Deerfield Fire District to a point in the northerly sideline of said Sand Gully road; thence northwesterly along the northerly sideline of said Sand Gully road to the southwest corner of land now or formerly of Walter Melnick; thence easterly and northerly along said Melnick to the southeast corner of land now or formerly of W. and O. Lewis; thence continuing northerly along said Lewis to other land of said Melnick; thence continuing northerly along said Melnick to other land of the Deerfield Fire District; thence westerly along said Deerfield Fire District to the northeast corner of land now or formerly of Robert and Patricia Crafts; thence southerly and westerly along said Crafts to Stillwater road; thence continuing westerly across said Stillwater road to a point in the westerly sideline of said Stillwater road; thence southerly along the westerly sideline of said Stillwater road to land now or formerly of New England Power Co.; thence northwesterly along said New England Power Co. to a point, said point being an extension easterly of the northerly property line of land now or formerly of E.R. and N.N. Farrick; thence westerly across said New England Power Co. to land now or formerly of L.F. and E.A. Kozikowski; thence continuing westerly across said Kozikowski to the northeast corner of said E.R. and N.N. Farrick; thence westerly along said Farrick to the northeast corner of land now or formerly of G.W. Penny; thence westerly along said Penny and the Conway and Deerfield town line; thence northerly along the Conway and Deerfield town line to the center of the Deerfield river; thence northwesterly along the center of said river to the Conway and Deerfield town line to the point of beginning.

Excepting that portion of said Interstate Route #91 being north of said Lee road, and extending northerly to the Greenfield and Deerfield town line shall constitute a fire protection district and are hereby made a body corporate by the name of the Deerfield Area Fire Protection District, hereinafter called the District, for the purpose of supplying themselves with fire fighting equipment and apparatus, and facilities for the extinguishment of fires, with power to establish fire ponds and hydrants in areas not served by municipal or district water supply, and to relocate and discontinue the same, and for the purpose of assessing and raising taxes and fees as provided herein for the payment of such services and for defraying the necessary expenses of carrying on the business of the District, subject to all General Laws now or hereafter in force relating to such districts, except as otherwise provided herein. The District through its prudential committee shall have power to prosecute and defend all actions relating to its property and affairs.

SECTION 2. For the purpose aforesaid, the District, acting by and through its prudential committee, hereinafter provided for, may contract with any municipality, or with any water district, for whatever water may be required, authority to furnish the same being hereby granted; and it may also contract with any municipality, or any fire district for fire protection or for ambulance service.

SECTION 3. For the purpose of paying the necessary expenses and liabilities incurred under this act, other than expenses of maintenance and operation, the District may, in addition to any other authority to borrow under the General Laws, borrow from time to time such sums as may be necessary, not exceeding, in the aggregate, the debt limit authorized by section ten of chapter forty-four of the General Laws but not more than one hundred thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Deerfield Area Fire Protection District Loan, Act of 1987. Each authorized issue shall constitute a separate loan, and such loans shall be payable in not more than ten years or the maximum statutory term provided from their dates, whichever is shorter. Indebtedness incurred under this act shall be subject to the provisions of said chapter forty-four pertaining to such districts.

SECTION 4. The District shall, at the time of authorizing said loan or loans, provide for the payment thereof in accordance with section three; and when a vote to that effect has been passed, a sum which shall be sufficient to pay the annual interest as it accrues on the bonds or notes issued as aforesaid by the District, and to make such payments on the principal as may be required under this act, shall without further vote be assessed upon the District by the assessors of said town of Deerfield annually thereafter until the debt incurred by said loan or loans is extinguished.

SECTION 5. Whenever a tax is duly voted by the District for the purposes of this act, the clerk shall send a certified copy of the vote to the assessors of said town, who shall assess the same on property within the District in the same manner in all respects in which town taxes are required by law to be assessed; provided, that no estate shall be subject to any tax assessed on account of the extinguishment of fires under this act if, in the judgment of the prudential committee hereinafter provided for, after a hearing, due notice whereof shall have been given, such estate is so situated that it will receive no aid in the extinguishment of fire; but all other estates in the District shall be deemed to be benefited and shall be subject to such tax. A certified list of the estates exempt from taxation under the provisions of this section shall annually be sent by said committee to said assessors, at the same time at which the clerk shall send a certified copy of the vote as aforesaid. The assessment shall be committed to the town collector, who shall collect said tax in the manner provided by law for the collection of town taxes, and shall deposit the proceeds thereof with the district treasurer for the use and benefit of the District. The District may collect interest on overdue taxes in the manner in which interest is authorized to be collected on town taxes.

SECTION 6. Any meeting of the voters of the territory included within the boundaries set forth in section one to be held prior to the acceptance and approval of this act, and any meeting of the voters of the District to be held prior to the qualification of a majority of the prudential committee, shall be called, on petition of ten or more legal voters therein, by a warrant from the selectmen of said town, or from a constable, directed to one of the petitioners, requiring him to give notice of the meeting by posting copies of the warrant in two or more public places in the District fourteen days at least before the time of the meeting. Such constable or one of the selectmen shall preside at such organizational meeting only. At any meeting held hereunder prior to the acceptance and approval of this act, the question of the acceptance of this act shall be submitted to the voters, and if it is accepted by a majority of the voters present and voting thereon, it shall thereupon take effect, and the meeting may then proceed to act on the other articles in the warrant. After the qualification of a majority of the said committee, meetings of the District shall be called by warrant under their hands, unless some other method be provided by by-law or vote of the District.

SECTION 7. The District shall, after the acceptance of this act as aforesaid, elect by ballot, either at the same meeting at which this act shall have been accepted, or thereafter at an annual meeting or at a special meeting called for the purpose, three persons, inhabitants of and voters in said District, to hold office, one until the expiration of three years, one until the expiration of two years, and one until the expiration of one year, from the day of the next succeeding annual district meeting, to constitute a prudential committee; and at every annual district meeting following such next succeeding annual district meeting one such committeeman shall be elected by ballot for the term of three years. The date of the next annual meeting shall be fixed by by-law or by vote of the prudential committee, but in no event shall it be later than fifteen months subsequent to the date on which the said committee was first elected. All the authority granted to the District by this act, except sections three and four, and not otherwise specifically provided for, shall be vested in said committee who shall be subject, however, to such instructions, rules and regulations as the District may by vote impose. At the meeting at which said committee are first elected and at each annual district meeting held thereafter, the District shall elect by ballot, each for a term of one year, a clerk and a treasurer of the District. The treasurer shall give bond to the District in such an amount as may be approved by said committee and with a surety company authorized to transact business in the commonwealth as surety. A majority of said committee shall constitute a quorum for the transaction of business. Any vacancy occurring in said committee from any cause may be filed for the remainder of the unexpired term by the District at any legal meeting called for the purpose. No money shall be drawn from the treasury of the District except upon a written order of said committee or a majority of them, consistent with appropriations voted at annual or special district meetings.

SECTION 8. Said committee shall annually, and as often as the District may require, render a report upon the condition of the work under their charge, and an account of their doings, including an account of receipts and expenditures.

SECTION 9. The District may adopt by-laws, prescribing by whom and whom meetings of the District may be called, notified, and conducted; and, upon the application of ten or more legal voters in the District, meetings may also be called by warrant as provided in section six. The District may also establish rules and regulations for the management of the District, not inconsistent with this act or with any other provision of law, and may choose such other officials not provided for in this act as it may deem necessary or proper. Such by-laws may be amended from time to time but only by two-thirds vote at a duly convened meeting of the District called for such purpose.

SECTION 10. The District shall have all the rights of fire districts contained in chapter forty-eight of the General Laws not inconsistent with this act.

SECTION 11. This act shall take full effect upon its acceptance by a majority vote of the voters of the territory included within the District by section one present and voting thereon, by the use of a check list, at a district meeting called, in accordance with section six, within four years after its passage.

SECTION 12. Upon acceptance as provided in section twelve, if such acceptance occurs prior to July first, nineteen hundred and eighty-seven, the prudential committee is authorized to certify, to the assessors of the town of Deerfield, the existence of the District and to authorize assessment of taxes upon property owners within the District, not otherwise exempt, as of January first, nineteen hundred and eighty-seven, for the fiscal year commencing July first, nineteen hundred and eighty-seven and ending June thirtieth, nineteen hundred and eighty-eight and to include such assessment on bills sent to tax payers by the said town and its tax collector as required by law.