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  • Acts
  • 1997
  • Chapter 104 AN ACT AUTHORIZING THE CITY OF BEVERLY TO ENTER INTO A CERTAIN CONTRACT FOR THE DISPOSAL OF SEWAGE.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


Notwithstanding the provisions of chapter 339 of the acts of 1925, the city of Beverly is hereby authorized to enter into a contract for the disposal of sewage emanating from a certain parcel of land in the town of Wenham, shown as Parcel 4C on a plan entitled "Plan of Land in Wenham prepared for Elizabeth P.L. McKean", dated July 23, 1971, recorded at Essex south district registry of deeds in Plan Book 120, Plan 100 and known and numbered as 26 Hull street in said town, said contract to be approved by the board of the South Essex Sewage District and said city of Beverly.

The contract may allow for the use of the system of sewer mains, or any portion thereof, belonging to said city of Beverly. The contract may be entered into at any time. The city council of said city of Beverly shall have the authority to enter into, extend, renew, amend or alter the contract, or any part thereof in agreement with Gregory W. and Lael D. Cook, or their heirs, assigns, or successors in interest, and with the approval of said board of the South Essex Sewage District.

Said Gregory W. and Lael D. Cook shall pay all costs, charges, and fees arising from, or incidental to utilizing the mains, pumping stations and related facilities owned by or available to said city of Beverly, including:

(A) engineering, planning and drawing fees for the design or redesign of any mains or systems necessary to carry the sewage flow from said parcel;

(B) obtaining, utilizing and protecting easements or other rights from said Gregory W. and Lael D. Cook necessary for laying mains to transport sewage from said parcel to the mains of said city of Beverly;

(C) the laying, maintaining and servicing of the mains laid from said parcel to the mains of said city of Beverly;

(D) all legal, engineering or other costs and fees connected with, or incidental to, the preparation for, connection with, or operation of the connection of mains appurtenant to said parcel to the mains of said city of Beverly;

(E) the periodic cost of operation, as determined by said city of Beverly;

(F) a contribution toward bonded indebtedness as determined by said city of Beverly.

Approved September 26, 1997.