SENATE DOCKET, NO. 2171        FILED ON: 7/9/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2108

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act to authorize the town of Charlton to acquire dams within the town to make improvements to dams and to authorize the assessment of betterments to pay costs of the same..

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 Town of Charlton is authorized, subject to the approval of its town meeting, to acquire by gift, purchase, eminent domain or otherwise, any dam or dams located within the town, including any real property incidental or related thereto, so long as any such dam or dams and any incidental real property are not at the time of such acquisition owned or held in trust by the Commonwealth.  In connection therewith the Town is further authorized, subject to appropriation, to repair, reconstruct and make improvements to town-owned dams as may be necessary in the judgment of the board of selectmen to maintain, repair or improve such dams, and to accept and expend grants or gifts for such purposes in accordance with G.L. c. 44, sec. 53A upon approval of the board of selectmen without further appropriation. 

SECTION 2.Upon a two-thirds vote of the voters present and voting at a meeting duly called, the Town of Charlton is authorized to borrow funds for the purposes of this act.  Any such borrowing shall be repaid within 40 years of its date of issue, and shall be outside the limit of indebtedness prescribed in Section 10 of Chapter 44 of the General Laws.  Except as provided in this act, any borrowing pursuant hereto shall be subject to the requirements of Chapter 44 of the General Laws.     

SECTION 3.  Any dam or dams owned by the Town of Charlton shall constitute public improvements for purposes of Chapter 80 of the General Laws, and, subject to the approval of the Town, the selectmen are authorized to assess betterments to pay any and all costs of or relating to acquiring, owning, maintaining or improving any such dam or dams.  Such betterments may be assessed upon properties benefiting from the acquisition, ownership, repair, maintenance or improvement of such dams and in such amounts as the selectmen shall determine.  Except as otherwise provided by this act, any betterment so assessed shall be subject to the provisions of Chapter 80 of the General Laws.  Any betterment so assessed pursuant to this act may be apportioned for a maximum term of 40 years.

SECTION 4.  Notwithstanding any general or special law to the contrary, the Town of Charlton shall have no liability for or related to the presence, release or threat of release of oil or any hazardous material with respect to any dam or dams acquired by the Town in accordance with this act that occurred prior to the date any such dam or dams were acquired by the Town. 

SECTION 5.This act shall take effect upon its passage.