HOUSE DOCKET, NO. 4311        FILED ON: 6/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3908

The Commonwealth of Massachusetts

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PRESENTED BY:

Sarah K. Peake

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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 relative to water connections in the town of Eastham.

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PETITION OF:

HOUSE DOCKET, NO. 4311        FILED ON: 6/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3908

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to water connections in the town of Eastham.

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 Eastham is hereby authorized to establish a water connection assistance program for property owners in the town in order to assist such owners to connect to the town's water distribution system.  Said program shall be consistent with the terms and conditions as are provided for in chapter 111, section 127B½ of the General Laws.

SECTION 2. Any costs incurred under the provisions of this section may be funded by an appropriation or issuance of debt, provided that any debt incurred shall be subject to the provisions of chapter 44 and shall not exceed 20 years.

SECTION 3. Any appropriation or borrowing by the town for purposes contained within this section shall not be included for the purpose of computation of the levy or borrowing limits otherwise imposed upon the town by the General Laws.

SECTION 4. An owner may petition the board of selectmen or other appropriate authority in charge of the town's water distribution system to enter into an agreement, subject to appropriation, authorizing the board of selectmen or other authority to cause the premises to be connected to the town's water distribution system.  An owner who enters into such an agreement shall be responsible for all expenses incurred by the town, directly or indirectly, for such connection.  A notice of such agreement shall be recorded as a betterment and be subject to the provisions of chapter 80 relative to the apportionment, division, reassessment and collection of assessment, abatement and collections of assessments, and to interest; provided, however, that for the purposes of this section, such lien shall take effect by operation of law on the day immediately following the due date of such assessment or apportioned part of such assessment and such assessment may bear interest at a rate determined by the town treasurer by agreement with the owner at the time such agreement is entered into between the board of selectmen and the property owner.  In addition to the remedies available under chapter 80, the property owner shall be personally liable for the repayment of the total costs incurred by the town under this section; provided, however, that upon assumption of such personal obligation to a purchaser or other transferee of all of the original owner's interest in the property at the time of conveyance and the recording of such assumption, the owner shall be relieved of such personal liability.

SECTION 5. The board of selectmen may enact regulations to carry out the water connection assistance program that are within the general scope and intent of the act.

SECTION 6. This act shall take effect upon its passage.