Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately authorize the division of capital planning and operations to transfer certain land and easement in the October Mountain State Forest to the town of Lenox, 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,
SECTION 1. The deputy commissioner of the division of capital planning and operations, acting for and on behalf of the commonwealth, is hereby authorized to convey a parcel of land consisting of eight acres, more or less, and to grant certain easements for water pipelines and an access road to the said parcel within the October Mountain state forest in the town of Lee, at present under the control of the department of environmental management, to the town of Lenox for the purpose of enabling the town of Lenox to construct a water filtration plant, storage tank and associated structures and to lay, maintain, and repair water pipelines. In consideration for said conveyance and easements, the town of Lenox shall provide to the said department water from the treatment plant location for the extinguishing of forest fires and provide access to filtered water to the said department for use at its October Mountain state forest campgrounds; and shall construct and maintain the access road to said treatment facility in such a way that it may be used by said department for the removal of logs, relocate portions of the existing trail near the treatment facility, if deemed necessary by the department, and transfer to the commonwealth, under the control of said department, a parcel of land of equivalent value, as the department shall determine. The cost of appraisals shall be borne by the town of Lenox.
Said lands and easements are shown on two plans entitled: "Plan of Water Line Easements in Lee, Mass, Surveyed for Mass Municipal Engineering Consultants, Inc. and the Town of Lenox, Sept. 1985 (2 sheets)" and "Plan of Land in Lee, Mass. Showing Land to be Conveyed to the town of Lenox, November, 1985." Both plans were prepared by Brown Associates, Inc., Engineers-Surveyors, Pittsfield, Mass.
SECTION 2. Notwithstanding the provisions of section four of chapter forty of the General Laws or any other provision of law to the contrary, the town of Lee and the town of Lenox shall be authorized to enter into an agreement titled "Agreement Between Town of Lee and Town of Lenox For Water Supply from Washington Mountain Brook Watershed Project" which sets forth the terms and conditions under which both towns shall share the water supply from the Washington Mountain Brook Watershed Project without any provisions as to fixed date for the termination of the said agreement.
SECTION 3. Notwithstanding the provisions of section nineteen of chapter forty-four of the General Laws or any other provision of law to the contrary, the town of Lenox shall be authorized to issue bonds and notes on a level debt service basis for a water supply treatment and distribution system, including the town of Lenox's share of the town of Lee's costs for the water supply facilities which are part of the Washington Mountain Brook Watershed Project, two treatment plants, a storage tank, pipeline, access roads, land acquisition costs, and design and engineering costs associated with the projects, all as more particularly authorized by the unanimous vote of the town of Lenox at a special town meeting held on July seventeenth, nineteen hundred and eighty-five.