Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Chapter 302 of the acts of 1984 is hereby amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. At any time within five years after a vote by the city council of the city of Worcester, pursuant to a petition by at least two-thirds of the abutters thereon, that conditions exist on any private way appearing on the official map of the city of Worcester which require temporary repairs by public necessity, the commissioner of public works of said city shall cause the temporary repairs to be made. Said temporary repairs shall include the grading and filling of holes or depressions with such materials as the commissioner shall deem suitable to make the street passable, but in no event shall such temporary repairs include extensive construction, reconstruction, resurfacing or the installation of drainage facilities. Said temporary repairs may also include the filling of potholes in such private ways as may have a paved roadway surface. Betterment charges shall not be assessed. Said city shall have no liability in tort on account of the performance of any such repairs. In no event shall the cost of such repairs exceed the sum of six dollars per linear foot as delineated by the commissioner of public works of said city.
SECTION 2. The provisions of section one of this act shall apply to any vote of the city council made under the provisions of chapter three hundred and two of the acts of nineteen hundred and eighty-four which was adopted on or after January first, nineteen hundred and ninety-five.
SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, and in addition to the authority to make emergency repairs to private streets granted by chapter three hundred and two of the acts of nineteen hundred and eighty-four; the city of Worcester is hereby authorized to make certain improvements to any private way which for at least six years prior to the effective date of this act shall have appeared on the official map of said city and have been open to public use. Said improvements shall consist of those recommended by the commissioner of public works in said city and shall be directed to improve the drainage, run-off and surface conditions of such ways. No such improvements shall be commenced except by order of the city council of said city adopted only upon a petition signed by at least two-thirds of the abutters thereon. No such order shall be valid unless it shall assess betterments pursuant to chapter eighty of the General Laws. Upon application of any owner so assessed, the repayment of such betterments may be apportioned by the city assessor for a period not to exceed five years. No way improved under the provisions of this section shall be considered a public way of said city unless a decree specifically making such a way public shall have been adopted by separate vote of the city council of said city. The city of Worcester shall not be liable for any damages or injuries caused in whole or part by the condition of the way at any time after the improvements authorized herein shall have been completed.