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. Notwithstanding the provisions of section seventy-nine of chapter forty-eight of the General Laws or any other general or special law to the contrary, the Millers Falls Fire and Water District shall, on June thirtieth, nineteen hundred and ninety-two be dissolved; and said District's assets shall be divided and distributed, and its debts assigned and assumed in accordance with the provisions of this act. For purposes of this act, said District shall be understood as acting by and through its commissioners, and the town of Erving as acting by and through its board of selectmen.

SECTION 2. Except as otherwise provided herein, from the effective date of this act until the dissolution date, the Millers Falls Fire and Water District shall continue its ordinary corporate existence, functions and services, including the power to assess properties and fees; shall continue to be obligated on and service all outstanding debts and bonds; but shall not incur further debt other than short term borrowing in anticipation of revenue; and shall not dispose of District assets.

SECTION 3. On June thirtieth, nineteen hundred and ninety-two, all street lighting services heretofore provided by the Millers Falls Fire and Water District to those portions of said District lying within the town of Erving shall cease. Thereafter said town of Erving, if and as it so determines, shall have the sole authority and responsibility for the provision or procurement of such street lighting services, and the exclusive authority to assess properties and fees therefor. All fixed assets, which for purposes of this act shall be understood to include real property and interests in real property of said District located within said town of Erving, owned by the District for street lighting purposes, shall, as of July first, nineteen hundred and ninety-two, be the property of said town of Erving. Said District shall enter into agreements prior to the dissolution date with any other corporate successor, which may include a governmental entity to be established by said District, for the purpose of assigning or contracting for the provision of street lighting services to those portions of said District lying within the town of Montague, with the authority to assign and transfer, effective July first, nineteen hundred and ninety-two, such fixed assets to said corporate successor. All fixed assets of said District located within said town of Montague, owned by said District for street lighting purposes, shall, as of July first, nineteen hundred and ninety-two, be the property of said corporate successor.

SECTION 4. On June thirtieth, nineteen hundred and ninety-two, all fire protection services heretofore provided by the Millers Falls Fire and Water District to the town of Erving shall cease. Thereafter, said town of Erving, if and as it determines to do so, shall have the sole authority and responsibility for the provision or procurement of such fire protection services, and the exclusive authority to assess properties in said town and fees therefor. All fixed assets of said District located within said town of Erving, owned by said District for fire protection, but not including fixed assets and equipment owned primarily for public water supply purposes shall, as of July first, nineteen hundred and ninety-two, become the property of said town of Erving. Said District shall enter into agreements prior to the dissolution date with any corporate successor, which may include a governmental entity to be established by said District, for the purpose of assigning or contracting for the provision of fire protection services to the Montague area, with the authority to assign and transfer, effective July first, nineteen hundred and ninety-two, such fixed assets to said corporate successor. All fixed assets of said District located within the town of Montague, owned by said District for fire protection purposes, but not including fixed assets and equipment owned primarily for public water supply purposes shall, as of July first, nineteen hundred and ninety-two, be the property of said corporate successor.

SECTION 5. On June thirtieth, nineteen hundred and ninety-two, all public water supply functions heretofore provided by the Millers Falls Fire and Water District to the town of Erving shall cease. Thereafter, said town of Erving, if and as it determines to do so, shall have the sole authority and responsibility for the provision or procurement of such public water supply services and the exclusive authority to assess properties and fees therefor. All fixed assets, owned by said District for public water supply purposes, located within said town of Erving shall, as of July first, nineteen hundred and ninety-two, become the property of said town of Erving. Said District shall enter into agreements prior to the dissolution date with any corporate successor, which may include a governmental entity to be established by said District, for the purpose of securing continued public water supply services to the town of Montague. All fixed assets of said District located within said town of Montague, owned by said District for public water supply purposes shall, as of July first, nineteen hundred and ninety-two, become the property of said District's corporate successor.

SECTION 6. All non-fixed assets of the Millers Falls Fire and Water District, not otherwise divided and distributed under sections one to five, inclusive, of this act, including liquid assets, equipment, personal property, claims and receivables, shall be equitably divided and distributed, and all debts and bonds of said District, shall be equitably assigned to the town of Erving. As of July first, nineteen hundred and ninety-two, said District or its corporate successor, and said town of Erving shall be the separate owners of the assets thus divided, and obligated on the debts and bonds thus assigned. For purposes of this act, equitable division of assets and equitable assignment of debt shall take suitably into account the current value of the assets already divided and distributed under sections three, four and five, the condition and anticipated maintenance costs thereof, and shall require a fair and equitable allocation of all remaining District assets and debts so as to achieve a balanced final total allocation of assets and debts to said town of Erving and said District's corporate successor.

Said town of Erving shall deliver to said District certified property valuations for fiscal year nineteen hundred and ninety-two within ten business days from the date on which it receives certification from the department of revenue. If, by January thirty-first, nineteen hundred and ninety-two, equitable division of assets, and equitable assignment and assumption of debts, shall not have been settled to the mutual satisfaction of both the town of Erving and said District, and so certified by them to the department of public utilities, then the division and assignment called for under this section shall be submitted to binding arbitration before an arbitrator, which may include the department of public utilities, mutually satisfactory to the town and said District, who shall, on or before March thirty-first, nineteen hundred and ninety-two, certify his determination of the matter to said department of public utilities. The arbitrator's determination shall be binding upon the parties and their successors, and shall be deemed to have the force of law under this act. Said District, prior to the effective date of this act, and the town and the District's corporate successor, on and after the effective date of this act, shall thereupon carry out the terms of their agreements and comply with the determinations and orders of the arbitrator.

Nothing herein shall impair the integrity of any outstanding bonds issued by said District. Said town of Erving shall, on and after July first, nineteen hundred and ninety-two, be obligated on all bonded debt of said District. Said town of Erving shall thereafter service the bonded debt in accordance with the terms and provisions of the bonds. Notwithstanding the foregoing, if said town of Erving's bond obligations hereunder exceed levels established as the fair and equitable division of debts, a corresponding and equalizing adjustment shall be made in the division of other assets.

SECTION 7. In the event that by June thirtieth, nineteen hundred and ninety-two, no corporate successor to the Millers Falls Fire and Water District has been found or established, then dissolution of said District under the provisions of this act shall be deferred for up to one year to June thirtieth, nineteen hundred and ninety-three, during which time said District shall serve as the receiver of the assets and liabilities of said District, with the powers and duties, and subject to the provisions set forth in section two dealing with interim provisions for the area of the town of Montague it serves.

SECTION 8. The dates and deadlines set forth in this act may be accelerated by the joint action of the town of Erving and the commissioners of the Millers Falls Fire and Water District, and so certified to the department of public utilities.

SECTION 9. This act shall take effect upon its passage.