AN ACT VALIDATING CERTAIN ACTIONS TAKEN AT A SPECIAL TOWN MEETING OF THE TOWN OF SALISBURY ALLOWING SAID TOWN TO AMORTIZE A PORTION OF ITS DEFICIT.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Notwithstanding the provisions of any general or special
law to the contrary, all acts and proceedings of the town of Salisbury at its
special town meeting held on January twenty-seventh, nineteen hundred and
ninety-two and all actions taken pursuant thereto are hereby ratified,
validated and confirmed to the same extent as if the forty-five day notice
requirement of the town charter had been adhered to as required by law.
SECTION 2. Chapter 71 of the acts of 1990 is hereby amended by
striking out sections 1 and 2 and inserting in place thereof the following
Section 1. Notwithstanding any provision of the law to the contrary,
town of Salisbury is hereby authorized to carry a deficit of one million one
hundred eight thousand eight hundred seventy-five dollars and
seventy-nine cents and to raise by revenues from the sewer users as an addition
to the user fee said deficit in ten equal payments over ten consecutive fiscal
years commencing in fiscal year nineteen hundred and ninety-three.
Section 2. Notwithstanding the requirements of section one, if, in any
fiscal year there shall be a net surplus in the sewer operating and maintenance
account after providing for all expenses, interest charges, and payment on the
principal as they accrue upon any bonds or notes issued on behalf of the sewer
system, such surplus may be used to accelerate the retirement of said deficit.
Section 3. The treasurer and accountant of the town of Salisbury shall,
any fiscal year when any amount of such deficit remains, jointly certify
to the commissioner of revenue no later than June first prior to the end of
such fiscal year, that the payment required to retire the deficit has been
made; if such certification is not received, the commissioner shall take action
necessary to suspend payment of final quarterly payment in the fiscal year of
cherry sheet distributions, so-called, until the certification prescribed above
has been received and approved by the said commissioner.
Section 4. Notwithstanding the provisions of section twenty-three of
chapter fifty-nine of the General Laws or any other law to the contrary,
the commissioner of revenue is hereby authorized in his discretion in
certifying the tax rate of the town of Salisbury for the fiscal years beginning
July first, nineteen hundred and ninety-one and July first, nineteen hundred
ninety-two, to consider revenues from sewer assessments and sewer department
operations to be received in subsequent fiscal years in determining whether the
town is raising the full amount required by said section twenty-three of said
SECTION 3. This act shall take effect upon its passage.