HOUSE DOCKET, NO. 3989        FILED ON: 12/13/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3823

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael A. Costello and Kathleen O'Connor Ives

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act creating a board of water and sewer commissioners in the city of Newburyport.

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PETITION OF:

HOUSE DOCKET, NO. 3989        FILED ON: 12/13/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3823

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act creating a board of water and sewer commissioners in the city of Newburyport.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to facilitate municipal services in the city of Newburyport, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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 any general or special law to the contrary, there shall hereby be established in the city of Newburyport a board of water and sewer commissioners consisting of five members and two alternates appointed for three year terms by the mayor, subject to confirmation by the city council.  Such board shall have all duties and responsibilities assigned originally to the board of sewer commissioners established under chapter 261 of the acts of 1963, “An Act Authorizing the city of Newburyport to Construct and operate a System or Systems of Sewerage and Sewage Disposal,” and to the board of water commissioners established under chapter 403 of the acts of 1908, “An Act Relative to the Water Supply of the City of Newburyport”, as amended by chapter 56 of the acts of 1956, “An Act relative to Water Supply in the City of Newburyport”.

Section 2.  Chapter 261 of the acts of 1963 is hereby amended by deleting section 4 in its entirety and inserting in place thereof the following:-  The powers and duties granted to and imposed upon the city by this act shall, except the power of borrowing money, be exercised by a board of water and sewer commissioners consisting of five regular and two alternate members of the city, to be appointed by the mayor, subject to confirmation by the city council, for three-year rotating terms, hereinafter called the board.  All members shall hold office, unless sooner removed, until their successors are appointed and qualified.  Vacancies shall be filled for the remainder of the term in the same manner as the original appointment.  No person shall be appointed to the board who holds at the time any elected city office.  Any member, after notice and opportunity for a hearing, may be removed by the mayor.  Such board shall have all the powers and duties provided for hereunder, as well as those powers and duties provided for under chapter 403 of the acts of 1908, as amended by chapter 56 of the acts of 1956.  The board shall annually choose a chairman and a secretary; provided, however, that such board may reorganize at any time at its discretion.  The board members shall receive no compensation for their services unless an appropriation is made therefor by a 2/3 vote of the city council.  Said board shall annually, and as often as the city council shall require, render an account of its official acts; and the board’s books and accounts shall be open to the inspection of the finance director at any time. 

Section 3.  Chapter 403 of the acts of 1908 is hereby amended by deleting section 10 in its entirety and inserting in place thereof the following:-  The powers and duties granted to and imposed upon the city by this act shall, except the power of borrowing money, be exercised by a board of water and sewer commissioners consisting of five regular and two alternate members of the city, to be appointed by the mayor, subject to confirmation by the city council, for three-year rotating terms, hereinafter called the board.  All members shall hold office, unless sooner removed, until their successors are appointed and qualified.  Vacancies shall be filled for the remainder of the term in the same manner as the original appointment.  No person shall be appointed to the board who holds at the time any elected city office.  Any member, after notice and opportunity for a hearing may be removed by the mayor.  Such board shall have all the powers and duties provided for hereunder, as well as those powers and duties provided for under chapter 261 of the acts of 1963.  The board shall annually choose a chairman and a secretary; provided, however, that such board may reorganize at any time at its discretion.  The board members shall receive no compensation for their services unless an appropriation is made therefor by a 2/3 vote of the city council.  Said board shall annually, and as often as the city council shall require, render an account of its official acts; and the board’s books and accounts shall be open to the inspection of the finance director at any time.

Section 4.  Section 11 of said chapter 403 of the acts of 1908, as amended by chapter 56 of the acts of 1956, is further amended by deleting in said section 11, the words “water commissioners” and inserting in place thereof the following:- water and sewer commissioners.

Section 5.   Section 12 of said chapter 403 of the acts of 1908, as amended by chapter 56 of the acts of 1956, is further amended by deleting the word “commissioners” and inserting in place thereof the following:- water and sewer commissioners. 

Section 6.  Upon the appointment and qualification of the board of water and sewer commissioners created by section 1 of this act, the board of sewer commissioners created under chapter 261 of the acts of 1963 and the board of water commissioners created under chapter 403 of the acts of 1908, as amended by chapter 56 of the acts of 1956, shall be abolished, and the terms of the persons holding such offices terminated.  Initial appointments of the consolidated board of water and sewer commissioners created under sections 1 through 3 of this act shall be made as follows: two members for three years, two members for two years, and one member for one year, and one alternate shall be appointed for one year, and one for two years. 

Section 7.  No contracts or liabilities in force on the effective date of this act shall be affected by abolition of such offices and consolidation of the water and sewer-related functions of the city as provided for herein, and the newly created consolidated board of water and sewer commissioners shall in all respects be the lawful successor of the offices so abolished and consolidated.  All records, property and equipment whatsoever of any office, department, or part thereof, of said board of sewer commissioners and said board of water commissioners are hereby assigned to the board of water and sewer commissioners created hereunder.  Notwithstanding any other provision of this act, the enactment hereof shall not affect the validity or legality of any act done, any liability incurred, or any right accrued, or established under the authority of the board of water commissioners under chapter 261 of the acts of 1963 and board of sewer commissioners under chapter 403 of the acts of 1908, as amended. 

Section 8.  This act shall take effect upon passage.