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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT REGULATING BETTERMENT ASSESSMENTS IN THE TOWN OF MARION.

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 section 15B of chapter 83 of the General Laws or any other general or special law to the contrary, the town of Marion may assess and collect estimated sewer assessments in connection with the construction of water pollution collection, pumping, treatment and disposal facilities for main collection lines and work to be completed on individual and privately held lots and land, including but not limited to the costs associated with the installation of grinder pumps and appurtenant devices, equipment and utilities, and the discontinuance of wastewater disposal systems that may be present at the time the individual lots and lands are connected to the public wastewater treatment system.

SECTION 2. Notwithstanding any general or special law to the contrary or section 1, the total amount of these estimated sewer assessments shall not exceed one-half of the town of Marion’s liability under all contracts it has entered into for the construction of these facilities and the other work referenced in said section 1. The town shall allocate the total of these estimated assessments on an equitable basis.

SECTION 3. Notwithstanding any general or special law to the contrary, or the provisions of sections 1 and 2, when the final costs of construction of the work as described in said section 1 have been determined, the town of Marion may assess and collect the actual costs of construction, removal or improvement of the facilities so constructed, removed or improved. The town shall allocate the costs for main collection lines on a proportionate basis consistent with chapter 80 of the General Laws and shall allocate the remaining costs on an actual cost per lot basis. These assessments may be payable over a period not to exceed 30 years.

SECTION 3A. Notwithstanding any general or special law to the contrary, the town of Marion may assess and collect interest on sewer assessments at a rate equal to that chargeable to the town of Marion.

SECTION 4. This act shall take effect upon its passage.

Approved June 6, 2006.