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Session Laws

1989

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CHAPTER 26 AN ACT FURTHER REGULATING THE CHERRY VALLEY SEWER DISTRICT.

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. Chapter 729 of the acts of 1963 is hereby amended by striking out sections 7 and 8 and inserting in place thereof the following two sections:-

Section 7. The district shall, by vote, determine what proportion of the cost of said system or systems of sewerage and sewage disposal the district shall pay. In providing for the payment of the cost of said system or systems, or for the use of said system or systems, the district may avail itself of any or all of the methods permitted by General Laws; and the provisions of said General Laws relative to the assessment, apportionment, division, reassessment, abatement and collection of sewer assessments, to liens therefor and to interest thereon, shall apply to assessments made under this act. At the same meeting at which it determines the proportion of the cost which is to be borne by the district, it may by vote determine by which of such methods the remaining portion of said cost shall be provided for. The collector of taxes of said town shall certify the payment or payments of such assessments for apportionments thereof to the sewer commissioners, who shall preserve a record thereof. 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, however, that no estate shall be subject to any tax assessed on account of the system of sewerage under this act, if, in the judgment of the board of sewer commissioners herein provided for, after a hearing, due notice whereof shall have been given, such estate is so situated that it will receive no aid from the said sewerage system, or if such estate is so situated that the buildings thereon, or the buildings that might be constructed thereon, could not be connected with the said system in any ordinary or reasonable manner; 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 board of sewer commissioners 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 8. For the purpose of paying the necessary expenses and liabilities incurred under chapter seven hundred and twenty-nine of the acts of nineteen hundred and sixty-three, as amended by this act, the district may, from time to time, borrow such sums as may be necessary, not exceeding, in the aggregate twelve million dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Cherry Valley Sewer District Loan, Act of 1963, as amended. Each authorized issue shall constitute a separate loan and such loans shall be payable in not more than thirty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws.

SECTION 2. Said chapter 729 is hereby further amended by adding the following section:-

Section 16. All actions taken by the commissioners of the Cherry Valley Sewer District since nineteen hundred and sixty-three in furtherance of establishing a sewerage system within the district are hereby ratified, validated, and confirmed.

SECTION 3. This act shall take effect upon its passage.

Approved April 13, 1989.