SENATE DOCKET, NO. 270        FILED ON: 1/10/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1179

The Commonwealth of Massachusetts

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PRESENTED BY:

Diana DiZoglio

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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 authorizing the town of Salisbury to assume control of the Ring’s Island Water District.

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PETITION OF:

SENATE DOCKET, NO. 270        FILED ON: 1/10/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1179

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 authorizing the town of Salisbury to assume control of the Ring’s Island Water District.

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 Ring’s Island water district established by chapter 298 of the acts of 1936 (“district”) is hereby dissolved and, without further conveyance or other act, all assets, liabilities, obligations and indebtedness as well as the powers and duties of the district are hereby merged and transferred to the town of Salisbury (“town”) acting by and through its board of selectmen acting as the board of water commissioners (“board of water commissioners”). Except as provided in sections 4 and 5 of this act, all district funds shall be transferred to the town water enterprise fund, or in the absence of said fund, to the town general fund. The town shall be the lawful successor of the district in every respect.

SECTION 2. The district board of water commissioners, the office of district treasurer, and all other district officers and positions are hereby abolished and the tenure of any incumbent commissioner or district officer or employee terminated.

SECTION 3. There shall be established in the town of Salisbury a special account to be known as the Ring’s Island Water Main Replacement Fund (“fund”). Such fund shall be appropriated by majority vote of town meeting only for the replacement of the water main located in the town under Bridge Road from the Town’s gate valve at the intersection of route 110 (School Street) and route 1 (Bridge Road) to the intersection of route 1 and First Street, including but not limited to design, construction, site preparation, and any incidental and related costs. Upon declaration by the board of water commissioners that all costs and debt service obligations related to the replacement of the water main have been paid in full, all remaining monies in the fund shall thereupon be transferred without further appropriation to the town water enterprise fund, or in the absence of said enterprise fund, to the town general fund.

SECTION 4. All monies held in escrow pursuant to an agreement between the district and the town shall be deposited into the fund.

SECTION 5. The board of water commissioners is hereby authorized to assess a separate charge upon the users located in the district for a portion of the replacement cost of the Bridge Pond water main (“charge”), subject to the limitations below. The charge, which shall not exceed $30,000 annually, shall be assessed and collected pursuant to an agreement between the district and the town (“agreement”). The authorization provided herein for assessment of the charge shall terminate upon the payment in full of all costs of replacing the Bridge Road water main, including all debt incurred for the water main replacement, or such earlier date as may be determined by the board of water commissioners, but in no event shall charge extend beyond 25 years. Receipts received by the town under this section shall be deposited without further appropriation in the fund. The town shall annually appropriate to the fund a sum of money in accordance with the agreement.

SECTION 6. Chapter 298 of the acts of 1936, chapter 435 of the acts of 1938, chapter 186 of the acts of 1958 and chapter 118 of the acts of 2005 are hereby repealed.

SECTION 7. This act shall take effect beginning the first day of the fiscal year commencing at least 90 days following passage of the act.