Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 1 of chapter 420 of the acts of 1985 is hereby amended by striking out section 1 and inserting in place thereof the following section:-
Section 1. The following described area, together with all those inhabitants of the town of Chelmsford within said territory shall constitute a sewer district and is hereby made a body corporate entitled the Chelmsford Center Industrial Sewer District hereinafter referred to as the district.
The districts territory and area are bounded and described as follows:
Northwesterly along 3 to 495; thence Westerly from 495 to River Meadow Brook; thence Southwesterly over various courses along River Meadow Brook, to Billerica Road, northwesterly along Billerica Road to Turnpike Road, then Southeasterly along Turnpike Road to River Meadow Brook; thence continuing Southeasterly along Turnpike Road to Mill Road, including all abutting properties to the industrial sewer construction along Turnpike Road; thence Easterly along Mill Road, approximately one thousand five hundred feet (1,500') to the RB-IA zoning boundary line including all abutting properties to the industrial sewer construction along Mill Road; thence Southeasterly to the Billerica Town Line; thence Northeasterly along said Town Line to the point of beginning;
Said territory and area is more particularly described on a plan entitled "Proposed Amended Plan for the Chelmsford Industrial Sewer District Scale 1" = 1000', September, 1986", prepared by Weston and Sampson Engineering, Inc.
SECTION 2. Section 4 of said chapter 420 is hereby amended by inserting after clause (k) the following clause:-
(k 1/2) to exercise all the powers and privileges of, and to be subject to limitations upon, town, regarding, powers of eminent domain, including but not limited to the provisions of chapter forty, chapter seventy-nine, and chapter eighty-two of the General Laws, insofar as such provisions may be applicable and are consistent with the provisions of this act, and to pay for any such takings from funds, raised or obtained under the provisions of this act; provided, however, that any requirements under such chapters for a vote by the board of selectmen or other governing body of a town or a vote by the voters of a town shall be satisfied by a vote or resolution duly adopted by said board in accordance herewith.
SECTION 3. Section 5 of said chapter 420 is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
The fees, rates, rents, assessments, abatements, and other charges established by the board shall not be subject to supervision or regulation by any department, division, commission, board, bureau, or agency of the commonwealth or any of its political subdivisions, including, without limitation, the town, nor shall the district be subject to the provisions of section twenty A of chapter fifty-nine of the General Laws. Notwithstanding the foregoing, except to the extent of betterments assessed by the board and except as provided in section eight, the board shall have no power of taxation. Except for payment of principal of and interest on bonds or notes of the district, the board's operating budget shall be limited to the sum of five thousand dollars for current administrative expenses approved by the board in the year nineteen hundred and eighty-five. Each year thereafter said sum may be increased two and one-half per cent per year.
SECTION 4. Section 6 of said chapter 420 is hereby amended by striking out, in line 3, the word "two" and inserting in place thereof the word:- three.
SECTION 5. Section 8 of said chapter 420 is hereby amended by adding the following two paragraphs:-
To the extent that moneys therefor are not otherwise provided, a sum sufficient to pay the principal and interest coming due within the year on the district's general obligation bonds or notes issued hereunder shall be appropriated and, even if it is not appropriated, shall be raised by taxation. In order to provide such sum in each year and not notwithstanding any other provisions herein to the contrary, all taxable property in the district shall be subject to ad valorem by the district without limitation as to rate or amount.
The assessors of the town shall assess taxes levied under this act on property within the district in the same manner in all respects in which town taxes are required by law to be assessed; provided, however, that no estate shall be subject to any tax assessed on account of the system of sewerage under this act if, in the judgment of the board, after a hearing due notice whereof shall have been given, such estate is so situated that the buildings thereon, or the buildings that might be constructed thereon, could not be connected with said system in any ordinary or reasonable manner; but all other estates in the district shall be deemed to be benefited and shall be subject to such tax. A certified list of the estates exempt from taxation under provisions of this section shall be sent by said board to said assessors. The assessment shall be committed to the town collectors, who shall collect said tax in the manner provided by law for the collection of town taxes, and shall deposit the proceeds thereof with the district treasurer for the use and benefit of the district. The district may collect interest on the overdue taxes in the manner in which interest is authorized to be collected on town taxes.
SECTION 6. Section 10 of said chapter 420 is hereby amended by striking out the fifth, sixth and seventh sentences and inserting in place thereof the following three sentences:- The outstanding debt of the district shall not exceed, in the aggregate at any one time, three million dollars, excluding temporary notes in anticipation of revenue or federal, state, local or other grants or aid. Each authorized issue shall constitute a separate loan and such loans shall be payable in not more than twenty years from their dates. Any indebtedness issued under this act with the exception of renewal notes issued pursuant to section six or refunding bonds issued pursuant to section nine shall be issued within three years of the effective date of this act.
SECTION 7. Said chapter 420 is hereby further amended by inserting after section 10 the following section:-
Section 10A. The treasurer of the town of Chelmsford, with the approval of the board of selectmen, may finance the construction of sewers or sewerage systems within the district by applying the proceeds of any bonds or notes issued or to be issued under the vote passed by the town under Article 30 of the warrant for the annual town meeting of nineteen hundred and eighty-four. Such proceeds may be applied for said purposes only in accordance with a contract between the town and the district, authorized and executed by the selectmen of the town and the district sewer commissioners, that provides for payments by the district to the town to pay the district's share of the principal of and interest on the bonds or notes and related issuance costs incurred by the town.
Such bonds or notes of the town shall not be subject to the provisions of this act relating to bonds or notes of the district issued hereunder. Such bonds or notes shall remain general obligations of the town and shall be subject to the provisions of chapter forty-four of the General Laws, and the validity of the town's bonds or notes shall not depend upon the validity or enforceability of any contract between the town and the district.
SECTION 8. This act shall take effect upon its passage.