SECTION 1. Chapter 447 of the acts of 1991 is hereby amended by striking out sections 1 to 3, inclusive, and inserting in place thereof the following 3 sections:-

Section 1. There is hereby established in the town of Southborough a department of public works, hereinafter called the department, which shall be under the jurisdiction of the town's select board. The department shall have all the powers and duties now vested by the General Laws and town by-law in the highway department, cemetery department and water department. Said departments are hereby abolished and their powers and duties shall be transferred to and shall be under the direction of the department. No contracts, obligations or liabilities in force on the effective date of this act shall be affected hereby, but the department shall in all respects be the lawful successor of said departments and offices now included in the department.

Section 2. The select board shall appoint a superintendent of public works, whose qualifications, powers and duties shall be determined and prescribed by said board, and who shall be responsible to said board. The superintendent shall have authority for carrying out the policies of said board and over the operations of the department. The superintendent shall appoint and remove such employees as they deem necessary, subject to appropriation and the approval of said board. Said superintendent shall be appointed for a term of 3 years commencing on July first and expiring on June thirtieth at the conclusion of the statutory period. The select board shall appoint a tree warden as described under chapter 87 of the General Laws.

Section 3. All powers and duties now vested by the General Laws and town by-laws in the board of water commissions and board of cemetery commissioners shall be assumed by the select board and said board of water commissioners and board of cemetery commissioners are hereby abolished.

SECTION 2. Section 5 of said chapter 447 is hereby repealed.

SECTION 3. This act shall take effect upon its passage.