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. Chapter three hundred and eighty-one of the acts of nineteen hundred and ten is hereby repealed.

SECTION 2. The inhabitants of the towns of Leicester and Oxford liable to taxation in towns, and residing within the territory enclosed by the following boundary lines to wit:

Beginning at a point at the intersection of the Leicester, Auburn and Oxford Town Lines; thence, northeasterly along the Leicester and Auburn Town line 1590 feet to a point; thence, northerly a distance approximately 2,750 +=/- feet to a point on the south side of Stafford Street, being station 139 + 00 of the 1936 county layout; thence, northerly in the same direction as the last course, 230.00 feet to a point; thence, southwesterly 1820 +=/- feet at a right angle from the last course, to a line parallel with and 350 feet distant and eastward from the east side of the 1963 layout of Route 56; thence, northerly 5020 +=/- feet by this line running parallel and 350 foot distance from the east line of Route 56 to a point where the line intersects the property line of Assessors Lot 7, Block F, Map 37A said point being 350 feet distance and east the east line of the 1963 layout of Route 56; thence, northeasterly 113 +=/- feet to the property corner of Assessor Lots 8, 10 & 11 on said Map; thence, southeasterly 98.14 feet to the corner of said Lot 11; thence, northeasterly 161.00 feet to the south side of King Street; thence, southeasterly along King Street 295 +=/- feet; thence, northeasterly across King Street 40 +=/- feet to the southeast corner of Assessors Lot 14, Block A, Map 37A, northeasterly along said lot 150.00 feet to the rear corner; thence, northwesterly 388.14 feet along the rear lot line of Assessor Lots 14 through 11 of said Map and Block to Assessors Lot 9 of said Map and Block A; thence, northerly on said lot line two courses 80 +=/- feet and 268.00 feet to the rear lot corner; thence, northwesterly by two courses along said lot; 280.00 feet and 124.1 feet to the lot corner; thence, northwesterly to the point of tangency located at Station 102 + 76.13 of the east side of the 1963 Route 56 layout; thence, northerly along Route 56 a distance of 623.87 feet to a point, northwesterly along Route 56, 226.56 feet to a point of curvature; thence, northwesterly along the curve in Route 56, 146.71 feet to a point of tangency at Station 110 + 69.77; thence, northwesterly along Route 56 a distance of 52 feet; thence, southwesterly 62 +=/- feet across Route 56 to the intersection of the west side of Route 56 and the lot corner of Assessors Lots 8.14 and 1, Block B; thence, southwesterly 221.03 feet along said Lot 1 and Lot 2 to Assessors Lot 5, Block B, Map 37A; thence, along said Lot 5 southeasterly 52.50 feet to the lot corner; thence, southwesterly 306.00 feet along lots 5, 7 and 8 to Assessors Lot 3, Block C, Map 37A; thence, southeasterly 90.00 feet to the corner of Lot 3 and lot 8.12; thence, southwesterly 438.32 feet along Lots 8.12, 8.11 and 8.1, Block B, Assessors Map 37A, to Lot 8.3, Block B, Assessors Map 37A; thence, southeasterly along said Lot 8.3, 44.58 feet to Lot 9; thence, northeasterly 100.00 feet to a point and then southwesterly 137.86 feet to the north line of King Street; thence, southwesterly 52.10 feet in the same direction as the last course across King Street to the south side of the 33 feet layout of King Street; thence, southwest 264 +=/- feet to the northeast property corner of Assessors Lot 1, Block E, Map 37A; thence, southerly 120 +=/- feet along said Lot 1 to the northerly line of the Cherry Valley & Rochdale easement; thence, southwesterly along said easement 965 +=/- feet to the east side of the 1963 layout of Pleasant Street; thence, southerly along Pleasant Street 980 +=/- feet to the northwest property corner of Lot 1, Block B, Assessors Map 43; thence, westerly 2040 +=/- feet to the south side of Green Street at a point where the centerline of the Town Meadow Brook flows beneath Green Street; thence southerly 2580 +=/- feet to the south side of River Street at the northwest corner of Lot 4, Block D, Assessors Map 43; thence southerly 1965 +=/- feet to the south side of Charlton Street at the northwest corner of Lot 8, Block A, Assessors Map 47; thence, southeasterly 3995 +=/- feet to a point on the Leicester/Oxford Town Line where it intersects with the rear (west boundary) property line of Assessors Lot 5, Block C, Map 47B; thence, easterly 5030 +=/- feet along the Town Line to the point of beginning marked with a granite corner monument at the Leicester, Oxford and Auburn Town corner.

A second (2nd) area beginning at the intersection of the south side of the 1937 state layout of Stafford Street with the Leicester Town and Worcester City Line, thence, southeast 351 +=/- feet to the south lot line of Lot 4.1, Block G, Assessor Map 34B; thence, two courses: southwest 36 feet along said Lot 4.1 to Lot 2 and southwest 346 feet along Lot 2 to the southwest lot corner of Lot 2, Block G, Assessor Map 34B; thence, northwest 49 feet to the northeast corner of 14, Block G, Assessor Map 34B at the west side of Cemetery Road; thence, southeast 219 feet along Cemetery Road to the southeast corner of said Lot 14 and then southwest 252 feet along the south boundary of said Lot 14 to the east boundary of Lot 11, Block F, Assessor Map 34B; thence, southeast 181 feet along said Lot 11 to a point; thence, southwest 212 feet to the southeast corner of Lot 10, Block F, Assessor Map 34B; thence, southwest 164.02 feet along said Lot 10 to the southwest corner of said Lot 10; thence, northwest 432.32 feet to the south side of the 1937 sate layout of Stafford Street; thence, northwest 60.00 feet to the north side of Stafford Street; thence, southwesterly 172 +=/- feet along the curve of Stafford Street to the southwest property corner of Lot 11, Block A, Assessor Map 34A; thence, northerly 742.70 feet along Lot 11 and Lot 12, Block A, Assessor Map 34A to the northwest corner of said Lot 12; thence, southeast 65 feet to Lot 2, Block A said point also being the south corner of Lot 6, Block A, Assessor Map 33; thence, northwest 1729 +=/- feet along Lot 6 to the southwest corner of Lot 8, Block J, Assessor Map 33A; thence, southwest 2900 +=/- feet to the east side of Auburn Street at the northwest corner of Lot 5, Block A, Assessor Map 33; thence, westerly 4000 +=/- feet to the east side of Henshaw Street at the southwest corner of Lot 1, Block C, Assessor Map 24; thence, westerly along the same direction as the last course 33 +=/- feet to the west side of Henshaw Street; thence, northerly 2345 +=/- feet to a point where the prolongation of the north side of Willow Street intersects with the west side of Henshaw Street; thence, northeasterly 270 +=/- feet across Henshaw Street and continuing along the north side of Willow Street to the southwest corner of Lot 7.1, Block D, Assessor Map 24A; thence, northerly 542.40 feet to the south side of Roosevelt Street at the northwest corner of Lot 7, Block D, Assessor Map 24A; thence, easterly 242 +=/- feet along Roosevelt Street across Harding Street to the east side of Harding Street at the corner of Lot 13, Block A, Assessor Map 24A; thence, northeast 731.88 feet along said Lot 13 and Harding Street then along Lot 34 to the northwest corner of Lot 34, Block A, Assessor Map 24A; thence, southeast 562.39 feet along Lots 34, 35 and 36 to the common corner of Lots 36, 37, 59 and 62, Block A, Assessor Map 24A: thence, northeast in a straight line 330 +=/- feet to the intersection of the east side of Main Street and the north side of Maple Street; thence, northeast 660 +=/- feet in a straight line to the intersection of the north side of Oak Street and the west side of Grand View Avenue; thence, easterly 136 feet to the southeast corner of Lot 24, Block B, Assessor Map 21B, said point also being on the west boundary of Lot 7, Block C, Assessor Map 21; thence, four courses along Lot 7: northwest 320 +=/- feet, northwest 326.53 feet, northeast 38.75 feet and 101.53 feet to the southeast corner of Lot 10, Block B, Assessor Map 21B; thence, northwest 713.9 feet along Lot 10 to the southeast corner of Lot 9, Block B, Assessor Map 21B; thence, southwest 171.49 feet to the southwest corner of said Lot 9; thence, northwest 247.03 feet along said Lot 9 to the south side of Waite Street; thence, northwest 40 feet to the north side of Waite Street; thence, southwest 95 +=/- feet along the north side of Waite Street to the southwest corner of Lot 38, Block A, Assessor Map 21A; thence, northwest 123 +=/- feet along said Lot 38 to Waite Pond; thence, easterly 479 +=/- feet along the edge of Waite Pond to the northwest corner of Lot 43, Block A, Assessor Map 21A; thence, southeast 232 feet along the north property line of Lot 43 to the west side of Chapel Street; thence, easterly 40 +=/- feet to the east side of Chapel Street at the center of a brook running between Waite Pond and City Pond; thence, northerly 65 +=/- feet along Chapel Street then Pine Avenue to the northwest property corner of Lot 9, Block A, Assessor Map 22: thence, southeasterly 1081 +=/- feet along said Lot 9 to the eastern most property corner of said Lot 9 and on the west boundary of Lot 1, Block A, Assessor Map 22B; thence, northeast in a straight line 875 +=/- feet to the east side of Woodland Road at the intersection of the north side of Marion Avenue; thence, southeast in a straight line 3440 +=/- feet to the Worcester City and Leicester Town Line; thence, southeast along the Town Line 6690 +=/- feet to the point of beginning; being the intersection at the Town Line with the south side of the 1937 State layout of Stafford Street.

A third (3rd) area beginning at the intersection of the east side of Peter Salem Road and the south side of Pitcairn Avenue; thence, northeast 366.9 feet along Pitcairn Avenue and Lot 7, Block E, Assessor Map 31A to the southeast corner of said Lot 7; thence, northeast 907.25 feet in a straight line to the southeast corner of Lot 3, Block D, Assessor Map 31A, also being the northwest corner of Lot 12 of Block B and said Map; thence, northwest 820.66 feet to the northeast corner of Lot 21, Block B, Assessor Map 31A; thence, southwest 855.15 feet to a point 200.00 feet west of Peter Salem Road; thence, southeast along a line that is parallel to and westward of the west side of Peter Salem Road 305.00 feet to the northwest property corner of Lot 1, Block A, Assessor Map 31A; thence, southeast 295.14 feet along the rear property line of Lots 1, 2 and 3 to an angle point; thence, southeast 691.51 feet along a line that is parallel to 200 feet westward of the west side of Peter Salem Road; thence, northeast 240 feet to the point of beginning.

A fourth (4th) area beginning at a point where the Leicester and Oxford Town Line intersects with the western normal edge of the French River; thence, southwesterly along the Oxford Town Line 2,100 +=/- to a point where the rear lot line of Lot #1, Block A, Assessors Map 2A intersects the Town Line; thence, southerly along said rear lot line 70 +=/- feet to Lot #2 of said Block and Map; thence, westerly 104 +=/- feet to Lot #1, Block C, Assessors Map 1; thence, southerly along said lots 244 feet to a corner; thence, northeasterly along said lot 117.7 feet to Lot #3, Block A, Assessors Map 2A; thence southerly along Lot #3 180.6 feet to Lot #1, Block C, Assessors Map 1; thence, northeasterly 182.8 feet to the west sideline of Pleasant Street; thence, northeasterly across Pleasant Street to the east side of said street and southwest corner of Lot #1; thence, southerly along Pleasant Street 1713.3 feet to the northwest property corner of Lot #2, Block A, Assessors Map 2, thence, northeasterly along Lot #2, 250 feet to the northeast corner of Lot #2; thence, two courses southerly along Lot #2, 233.3 and 150 feet along Lot #3 to the corner of Lot #1; thence, southwesterly 250 feet along Lot #3 to Pleasant Street; thence, southerly along Pleasant Street 740.24 feet to the point of curvature in Pleasant Street with a radius of 60.00 feet; thence, along the curve in Pleasant Street for said radius and a length of 74.73 feet to the point of tangency; thence, easterly along the north side of Pleasant Street 881.78 feet to the southeasterly property corner of Lot #1.1, Block A, Assessors Map 2; thence, northwesterly along Lot #1, 274.30 feet to the corner of Lot #2, Block A, Assessors Map 2B; thence, northerly 200.98 feet along said Lot #2 to Lot #5, Block A, Assessors Map 2B; thence, southwesterly 149.40 feet along Lot #5 to Lot #1, Block A, Assessors Map 2; thence, northeasterly 412.84 feet along said Lot #5 to Lot #7, Block A, Assessors Map 2B; thence, northeasterly 150 feet along said Lot #7 to Lot #1, Block A, Assessors Map 2; thence, northeasterly 1016.92 feet in a straight line to an angle point on the south side of Mill Street at the intersection of the 1963 layout of Route 56; thence, southeasterly 121.87 feet across Route 56 to the east side of Route 56 where it intersects the south side of Cominsville Road and the northwest property corner of Lot 12, Block B, Assessors Map 2B; thence, southeast 388 feet along Mill Street (old Route 56) and Lot #12 to Lot #11, Block B, Assessors Map 2B; thence, easterly 46 feet along Lot #11 to the high water line of Thayer Pond a.k.a. Comins Pond; thence southerly along the normal edge of said pond 325 +=/- feet to where it meets the French River; thence southerly along the normal west edge of the French River 1570 +=/- feet to the Massachusetts Turnpike (Route 90) thence; northeasterly along the curve of Route 90 with a radius of 10,460 feet for a distance of 136 +=/- feet; thence, southeasterly along Route 90 a distance of 50.00 feet to a point; thence, northeasterly 874.15 feet to a point; thence, southeast along Rte. 90 a distance of 40.00 feet to Lot #3, Block F, Assessors Map 2; thence, northerly along Lot #3 to Lot #1, Block F, Assessors Map 2; thence, northeast 155.76 feet along Lot #3, to a point; thence, northerly two courses along said Lot #1: 219.78 feet to a point and 209.46 feet to Lot #2.10, Block F, Assessors Map 2, thence; southwest along Lot #2.10, 89.32 feet to Lot #1, Block F, Assessors Map 1; thence, northerly along Lot 1, 373.94 feet to an angle point at Lot #1 and Lot #2.11; thence, northeasterly along Lot #2.11 and 2.1, a distance of 446.82 feet to the west sideline of Cominsville Road; thence, southeasterly along Cominsville Road three courses: 124.58 feet, 255.60 feet, and 168.55 feet to a point of tangency of a curve in Cominsville Road with a radius of 250.0 feet; thence, easterly along said curve a length of 141.38 feet to a point at a compound curve; thence along a curve in Cominsville Road with a radius of 340.00 feet an arc distance of 48.19 feet to the Auburn Town Line; thence, northwest 215 +=/- feet along the Auburn Town Line to the Providence and Worcester Railroad; thence, northwesterly along the curve in said railroad 780 +=/- feet to Assessors Lot 3, Block C, Map 2; thence, southwest along said Lot 149 feet to Assessors Lot 3, Block D, Map 2B; thence, northwest in a straight line 325.60 feet along said Lot 3 to Lot 3, Block C, Map 2; thence, northwest in the same direction as the last course 40.0 feet, to Lot 2, Block D, Assessors Map 2B; thence, northwest in the same direction as the last course 273.35 feet along said Lot 2 then Lot 1 to a point; thence, southwest 309.10 feet along said Lot 3 to the east normal edge of the French River; thence, northwesterly along the east edge of said river 100 +=/- feet to Lot 1, Block C, Assessors Map 2; thence, northwesterly 290 +=/- feet along said Lot 1 to the 1963 layout of Route 56; thence, westerly 126 +=/- feet across Route 56 to a point where the westerly side of Route 56 intersects with the normal west edge of the French River; thence, northerly along the west edge of said river 1,325 +=/- feet to the point of beginning.

A fifth (5th) area beginning at a point on the north side of Stafford Street where it intersects the Leicester and Oxford Town Line; thence, westerly along the Town Line 1250 +=/- feet to the northwest corner of Lot #3, Block A, Assessors Map 1; thence, southerly along Lot #3, 1,035.89 feet to the north side of Stafford Street; thence southwest along the north side of Stafford Street 175 +=/- feet to a point opposite the northeast corner of lot #10, Block B, Assessors Map 1; thence, southeasterly across Stafford Street 50.00 +=/- feet to the south side of Stafford Street at the northeast corner of Lot #10, Block B, Assessors Map 1; thence, southeasterly 747 feet along Lot #10, to the Providence Worcester Railroad; thence, northeasterly along the north line of said railroad 2,284 +=/- feet to the Leicester Town Line; thence, west along the Town Line 358.09 feet to the point of beginning, shall constitute the Cherry Valley and Rochdale Water District, a water district and body corporate for the purpose of supplying themselves with water for the extinguishing of fires and for domestic, manufacturing and other purposes; with power to establish hydrants, and to relocate and discontinue the same, and to take or acquire property by purchase or otherwise, and to hold the same for the purposes mentioned in this act; and to prosecute and defend in all actions relating to the property and affairs of the district.

SECTION 3. For the purposes aforesaid, the district, acting by and through its board of water commissioners hereinafter provided for, may contract with any municipality acting through its water department, or with any water company, or with any water district, for whatever water it may require, authority to furnish same being hereby granted. The district may take or acquire by purchase, or otherwise, water bodies, land, water and water rights connected with such water bodies or lands and any springs and streams percolating through the land or into the water bodies, for the purpose of increasing the water supply and protecting the quality of new and existing water sources. The district may also take or acquire easements, restrictions and reservations to protect the water quality and negotiate options and rights of first refusal to assist in the development or protection of new or existing water supplies.

SECTION 4. All contracts entered into between the towns of Leicester and Oxford and the district for installation and maintenance of new and existing hydrants in the district shall be upon such terms as the parties thereto may agree upon.

SECTION 5. The district may also take or acquire by purchase or otherwise, and hold all lands, rights of way, and easements necessary for laying, constructing and maintaining aqueducts, reservoirs, storage basins, dams and such other works as may be deemed necessary or proper for collecting, purifying, storing, discharging, conducting and distributing water within the district; and may erect upon the land thus taken and held, proper dams, buildings, fixtures and other structures, and may make excavations, procure and operate machinery, and provide such other means and equipment as may be necessary for the establishment and maintenance of complete and effective water works; and may construct and lay down conduits, pipes and other works under or over any lands, water courses, railroads, railways, or other public or private ways, and along any such ways in such manner as not unnecessarily to obstruct the same; and for the purpose of constructing, maintaining and repairing such conduits, pipes and other works, and for all proper purposes of this act. The district may dig up any such lands, and, subject to the direction of the selectmen of the towns in which such ways are situated, may enter upon and dig up any such ways in such manner as to cause the least hindrance to public travel thereon; provided, however, that no source of water supply and no lands necessary for preserving the quality of such water shall be taken or used without first obtaining the advice and approval of the Massachusetts department of environmental protection if required by the General Laws or any regulations promulgated under the General Laws, or any successor agency, and that the situation of all dams, reservoirs and wells to be used as sources of water supply under this act shall be subject to the approval of the department. The district shall not enter upon, construct or lay any conduits, pipes or other works within the location of any railroad corporation, except at such time and in such manner as it may agree upon with such corporation, or, in case of failure so to agree, as may be approved by the board of railroad commissioners.

SECTION 6. In taking of any lands, rights of way, waters, water rights, water sources or easements, as aforesaid, otherwise than by purchase, the district shall comply with all applicable provisions of the General Laws.

SECTION 7. The district may make such contracts with individuals, corporations, other water districts, water companies, and municipalities for transmitting water as may be agreed upon, and may extend its pipes for that purpose, subject to approval of the governing boards of the municipalities, districts, companies and corporations. New service connections shall be limited to areas within the towns of Leicester and Oxford and, if located outside of the district boundaries set forth in section two, shall conform to the procedure and criteria set forth in section fifteen. All existing contracts of the district shall remain in full force and effect and shall not be effected by the passage of this act.

SECTION 8. Meetings of the district shall be called by warrant of the commissioners at the time stated in the warrant, or on petition of ten or more legal voters addressed to the commissioners within thirty days of receipt of certification. The clerk of the district shall give notice of the meeting by posting copies of the warrant in three or more public places in the district and by delivering copies to the town clerks of Leicester and Oxford, seven days at least before the time of the meeting. At all district meetings the district clerk shall preside until a moderator is chosen. The meeting may then proceed to act on the articles contained in the warrant.

SECTION 9. The board of water commissioners shall consist of three persons, each to hold office for a term of three years, one to be elected by ballot at every annual district meeting. There shall at all times be one resident from the Cherry Valley service area, the Rochdale/Oxford service area, and the Greenville service area, all service areas as shown on a map entitled "District Boundaries, Cherry Valley & Rochdale Water District in Leicester and Oxford, MA, May 18, 1995" prepared by Bruce Saluk & Associates, Inc. on file at the district office. However, the commissioners elected at the nineteen hundred and ninety-four annual district meeting from Greenville and the nineteen hundred and ninety-five annual meeting from Cherry Valley shall continue to hold office until the expiration of their terms, notwithstanding the reconfiguration of their service areas. All the authority granted to the district by this act, and not otherwise specifically provided for, shall be vested in the board of water commissioners, who shall be subject however to such instructions, rules and regulations as the district has previously or may impose by its vote. A majority of the board of water commissioners shall constitute a quorum for the transaction of business. Any vacancy occurring in the board of water commissions from any cause may be filled 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 district treasury except by a written order of a majority of the board of water commissioners. The board of water commissioners shall annually make a full report to the district in writing of their doings and expenditures. The district shall also, at a legal meeting called for the purpose, elect by ballot a district clerk and a treasurer, to hold office for the term of one year and until their successors are chosen and qualified. There shall at all times be one resident from each of the Rochdale, Greenville and Cherry Valley service areas, as delineated on a map of the district prepared by Bruce Saluk & Associates dated April 10, 1995, serve as a water commissioner.

SECTION 10. For the purpose of paying the necessary expenses and liabilities incurred under the provisions of this act, the district may issue from time to time bonds or notes in accordance with the General Laws.

SECTION 11. The district shall raise annually by taxation a sum which, with the income derived from the sale of water, shall be sufficient to pay the current annual expenses of operating its water works and the interest accruing on any bonds or notes issued by the district, together with such payments of the principal thereof as may be required under the provisions of this act. The district is further authorized by a majority vote of its voters, present and voting at a legal meeting called for the purpose, to raise by taxation any sum of money for the purpose of enlarging, repairing, maintaining, or extending its water works or of providing additional equipment and fixtures connected therewith.

SECTION 12. Whenever a tax is duly voted by the district for the purpose of this act, the district clerk shall deliver a certified copy of the vote to the assessors of the towns of Leicester and Oxford, who shall assess the same in the manner 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 system of water supply under this act, if, in the judgment of the board of water commissioners hereinbefore provided for, after a hearing, due notice of which shall have been given, such estate is so situated that it can either receive no aid in the extinguishment of fire from the system of water supply, or is so situated that the buildings thereon, or the buildings that might be constructed thereon could not be supplied with water from the system in any ordinary or reasonable manner; but all other estates in the district shall be deemed to be benefitted and shall be subject to the tax. A certified list of the estates exempt from taxation under the provisions of this section shall annually be sent by the board of water commissioners to the assessors, at the same time at which the district clerk shall send a certified copy of the vote as aforesaid. The assessment shall be committed to tax collectors for the towns of Leicester and Oxford, who shall collect the tax in the manner provided 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 taxes when overdue in the manner in which interest is authorized to be collected on town taxes.

SECTION 13. The by-laws of the district in effect at the time of the passage of this act shall remain in full force and effect upon the passage of this act. The district may adopt new by-laws or amend its existing by-laws by vote of a majority of its voters present and voting at a district meeting. The district's rules and regulations for the management of its waterworks in effect prior to the adoption of this act shall remain in full force and effect upon the passage of this act. The district may adopt new regulations for the management of its waterworks or amend its existing regulations upon the majority vote of the board of water commissioners. The district may choose other officers not provided for in this act as the board of water commissioners, by majority vote, shall deem necessary and proper.

SECTION 14. Whoever wilfully or wantonly corrupts, pollutes or diverts any water taken under this act, or wilfully or wantonly injures any dam, reservoir, aqueduct, conduit, pipe or other property owned or used by the district for the purpose of this act, shall forfeit and pay to the district three times the amount of damages assessed therefor, and shall also be subject to such penalties as may be provided in the General Laws, as in effect from time to time.

SECTION 15. Upon a petition in writing addressed to the board of water commissioners requesting that certain real estate, accurately described therein, located in the towns of Leicester or Oxford and abutting on the boundaries of the district and not otherwise served by a public water supply, be included within the boundaries of the district, and signed by the owners of such real estate, or a major portion of such real estate, the board of water commissioners shall cause a duly warned meeting of the district to be called, at which meeting the voters may vote on the question of including the real estate within the district. If a majority of the voters present and voting thereon vote in the affirmative the district clerk shall within ten days file with the town clerks of Leicester and Oxford and with the state secretary an attested copy of the petition and vote; and thereupon the real estate shall become and be part of the district and shall be holden under this act in the same manner and to the same extent as the real estate described in section two. Notwithstanding the forgoing, the board of water commissioners shall have no obligation to call a meeting unless the petitioner can first demonstrate to the board of water commissioners that the real estate can be supplied by the district in an ordinary and reasonable manner without adverse impact on the district's existing distribution system, and that sufficient water supply exists to supply the real estate.

Petitioners seeking entry into the district shall bear all costs associated with the annexation, including but not limited to: permit and connection fees, engineering and legal costs, installation of pipes and other equipment, and alterations to the existing distribution system necessitated by the annexation. The applicant must also comply with all rules and regulations governing annexations as may be promulgated by the board of water commissioners, from time to time.

SECTION 16. The powers conferred upon the district by the following special acts of the general court, insofar as they confer power upon the district which the district would not otherwise hold under the provisions of this act, the General Laws or otherwise, are hereby retained; otherwise they are hereby repealed, it being the explicit intention of this section that provisions of any special acts retained which limit or restrict a power conferred or the manner in which it is to be exercised be repealed and that the powers so conferred are to be exercised in accordance with the terms of this act:

Chapter one hundred and fifty-two of the acts of nineteen hundred and eleven, chapter sixty-eight of the acts of nineteen hundred and twenty-five, chapter seventy-one of the acts of nineteen hundred and thirty-nine, chapter one hundred and ninety-eight of the acts of nineteen hundred and forty-seven, chapter four hundred and thirty-seven of the acts of nineteen hundred and forty-nine and chapter one hundred and twelve of the acts of nineteen hundred and fifty-four.

SECTION 17. This act shall take effect upon its passage.