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  • Acts
  • 1997
  • Chapter 124 AN ACT ESTABLISHING A SEWER DISTRICT IN THE TOWN OF COLRAIN.

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


SECTION 1. The inhabitants of the town of Colrain, liable to taxation in said town and residing within the territory served by the Colrain Sewer District, and bounded and described as follows:

LOT ONE.

Beginning at the intersection of the centerline of McClellan Brook with the east line of Call Road and running thence southerly along the east line of Call Road five hundred feet to a point; thence N. 86º45' E. seven hundred feet to a corner; thence northerly to a point that is N. 77º44'50" E. seven hundred feet from an iron pin at the southeast corner of Lot F as shown on Plan of Subdivision For The Kendall Company and filed in Franklin County Registry of Deeds, Plan Book Twenty-two, Page Twenty-four, these last two courses being along land to be conveyed to Griswoldville Water District by The Kendall Company; thence N. 38º26'50" W. seven hundred four and two tenths feet through land of The Kendall Company to an iron pin at the southeast corner of land of Joseph V. King, et ux; thence N. 23º46'25" W. two hundred twenty-eight and seventy-eight one hundredths feet to an iron pin; thence N. 27º09' W. two hundred thirty-three and thirty-three one hundredths feet to an iron pin; thence N. 21º16' W. one hundred thirty-one and eighty-four one hundredths feet to an iron pin at the southeast corner of land of Robert M. Shaw, et ux; thence N. 4º53'45" E. five hundred twenty and eighty-four one hundredths feet to a stone bound at the southeast corner of land of Frank C. Dewey, et ux; thence northerly along the east line of the house lots on the east side of High Street to land of Leon E. Dennison, et ux; thence northerly through land of said Dennison, et ux, land of Hermon G. Herzig, et ux and land formerly of H. J. Smith Estate to a stone bound at the northeast corner of land of George F. Graziola, et ux, and the southeast corner of land of William F. Tetreault, et ux; thence N. 31º17'15" E. five hundred three and eighty-three one hundredths feet to an iron pin; thence N. 1º E. four hundred feet through land of The Kendall Company to a corner; thence N. 89º W. through land of The Kendall Company to the east line of Main Street (state highway from Griswoldville to Colrain Village); thence southerly along the east line of Main Street to Call Road; thence southerly along the east line of Call Road to the place of beginning.

LOT TWO.

TRACT ONE.

Beginning at an iron pin on the westerly line of Main Street (also known as Route 112), said iron pin being at the southeasterly corner of land now or formerly of American Fiber & Finishing, Inc. (See Book 2036, Page 69); thence S 17º12'32" W a distance of 126.69 feet to a point; thence S 12º30'13" W a distance of 276.30 feet to a point; thence S 15º23'03" W a distance of 167.05 feet to a point; thence S 22º05'33" W a distance of 96.31 feet to a point; thence S 27º58'33" W a distance of 86.38 feet to a point; thence S 35º05'33" W a distance of 62.11 feet to a point, the last six courses being along the westerly line of said Main Street; thence S 60º49'38" W in part along the westerly line of said Main Street and in part across the North River a distance of 290.52 feet to a point; thence N 9º22'50" W a distance of 92.73 feet to an iron pin; thence N 16º36'20" W a distance of 123.42 feet to an iron pin; thence N 19º56'50" W a distance of 217.55 feet to an iron pin; thence N 49º55'50" W a distance of 88.90 feet to a point at land now or formerly of Wayne D. Wood, the last four courses being along other land of The Kendall Company; thence N 12º40'54" E a distance of 122.15 feet to a point; thence N 25º24'43" W a distance of 190.84 feet to a point at other land of The Kendall Company, the last two courses being along land now or formerly of said Wayne D. Wood; thence N 71º07'44" E along said other land of The Kendall Company a distance of 69.00 feet to a point in the centerline of said North River; thence in a generally southerly direction along the centerline of said North River a distance of 275 feet, more or less, to a point; thence N 72º12'19" E a distance of 69.00 feet to an iron pin; thence continuing N 72º12'19" E a distance of 275.74 feet to an iron pin; thence N 25º38'42" E a distance of 346.65 feet to an iron pin; thence S 73º35'27" E a distance of 130.33 feet to the point of beginning, the last five courses being along land of said American Fiber & Finishing, Inc. Containing 6.8 acres, more or less.

Together with and subject to the rights and agreements set forth in a document entitled "Grant of Cross-Easements and Shared Plant Services", between The Kendall Company and American Fiber & Finishing, Inc., dated April 17, 1986 and recorded in the Franklin County Registry of Deeds in Book 1945, Page 122.

Being shown as Parcel 1 on a Plan entitled "LAND IN COLRAIN (Franklin Co.) MA SURVEYED FOR THE KENDALL COMPANY" dated November 9, 1987 and recorded in the Franklin County Registry of Deeds in Plan Book 67, Pages 70, 71, and 72.

TRACT TWO.

Beginning at an iron pin on the Westerly line of Shelburne Falls-Colrain Street (also known as Route 112), said pin also being at the southeasterly corner of land now or formerly of Robert M. Levenson (Book 1453, Page 288); thence on a curve to the left with a radius of 800 feet an arc length of 178.52 feet to a Massachusetts Highway Bound; thence S 10º35'52" E a distance of 561.45 feet to a Massachusetts Highway Bound; thence S 17º50' E a distance of 442.76 feet to a point; thence S 1º48'23" E a distance of 220.54 feet to a Massachusetts Highway Bound; thence S 0º14' E a distance of 34.73 feet to an iron pin at other land of The Kendall Company, the last five courses being along said Shelburne Falls-Colrain Street; thence N 87º43'43" W along a dam and along land of The Kendall Company and land now or formerly of Edward A. Slowinski and Theresa A. Slowinski a distance of 246.46 feet to an iron pin situated at the end of said dam; thence N 21º18' W a distance of 70.93 feet to an iron pin; thence N 3º20' W a distance of 100.92 feet to an iron pin; thence N 32º17' W a distance of 76.93 feet to an iron pin; thence S 68º00' along another dam a distance of 112.42 feet to an iron pin; thence S 73º44' W along said second dam a distance of 77.03 feet to an iron pin; thence N 40º38'43" W a distance of 33.90 feet to an iron pin; thence N 62º17'56" W a distance of 96.76 feet to an iron pin; thence N 64º17' W a distance of 231.55 feet to an iron pin; thence N 64º59' W a distance of 106.82 feet to an iron pin, the last nine courses being along land now or formerly of said Edward A. Slowinski and Theresa A. Slowinski; thence N 14º33'34" W a distance of 24.83 feet to a concrete post; thence N 29º53' W a distance of 90.30 feet to a concrete post; thence N 58º31' W a distance of 86.77 feet to a concrete post; thence N 55º13' W a distance of 92.76 feet to a concrete post; thence N 78º58' W a distance of 130.5 feet to a concrete post; thence N 36º38' W a distance of 74.17 feet to a concrete post; thence N 23º34' W a distance of 80.46 feet to a concrete post; thence N 17º54' W a distance of 117.90 feet to a concrete post, the last eight courses being along land now or formerly of Sarah Lucile Lively; thence N 40º36' E along land now or formerly of said Sarah Lucile Lively and land now or formerly of Benjamin R. Eastman, et ux a distance of 263.23 feet to an iron pin; thence continuing N 40º36' E a distance of 116.58 feet to an iron pin; thence continuing N 40º36' E a distance of 26 feet, more or less, to the centerline of the West Branch of the North River, the last two courses being along land now or formerly of said Benjamin R. Eastman, et ux; thence in a generally southerly direction along the centerline of the West Branch of said North River to a point; thence S 87º42' E to an iron pin; thence continuing S 87º42' E a distance of 206.38 feet to an iron pin; thence continuing S 87º42' E to the centerline of the East Branch of said North River; thence in a generally northerly and northwest direction along the centerline of the East Branch of said North River to a point, the last four courses being along land now or formerly of Leroy A. Lively, et ux and Alphonse E. Lively, et ux; thence N 28º29' E a distance of 36 feet, more or less, to an iron pin; thence continuing N 28º29' E a distance of 285.67 feet to an iron pin; thence S 78º17' E a distance of 440.87 feet to the point of beginning, the last three courses being along land now or formerly of Robert M. Levenson.

Together with right of way over a driveway, through a ravine, to Adamsville Road.

SUBJECT TO power line rights of way of New England Power Company as recorded in the Franklin County Registry of Deeds in Book 1089, Page 428 and Book 1111, Page 268 to the extent the same may affect the premises.

SUBJECT TO power line rights of way now or formerly of the Connecticut River Transmission Company as recorded in said Registry in Book 564, Page 305 and Book 570, Page 124 to the extent the same may affect the premises.

Being shown on an unrecorded plan of land entitled "Plan for THE KENDALL COMPANY at Griswoldville, Colrain, Massachusetts" dated September 24, 1981 and prepared by F. Deane Avery Associates.

TRACT THREE.

Parcel One.

A certain piece of land situated in Colrain and bounded and described as follows: Beginning on the west side of North River, so called, at the westerly end of a dam; thence eastwardly across said River to a County road; thence Southerly by said County road to a bridge; thence eastwardly across said County road; thence Southwardly on the bank of the canal to land formerly of Joseph Griswold, Jr.; thence westwardly across said canal to the said County road; thence northwardly by the east side of said County road to said bridge; thence across said road; thence west twenty feet; thence northwardly parallel with said County road to said dam; thence across said river to the first mentioned bound. Meaning to convey a privilege of keeping up a dam and flowing the land and from the said dam to the bridge a piece of land twenty feet wide with a privilege of going to and from said canal for the purpose of repairing.

Parcel Two.

A piece of land situated in said Colrain on the west side of said County Road, beginning at a stake and stones by said County road; thence westwardly to east bank of said river; thence northwardly by said river one hundred feet to a stake and stones; thence easterly to said road to a stake and stones; thence Southerly by said road one hundred feet to the first mentioned bound.

Subject to the reservation of surplus water described in deed of John Smith and Edward G. Smith to Joseph Griswold, Jr. dated April 8, 1836 and recorded in the Franklin County Registry of Deeds in Book 95, Page 85.

The foregoing Parcel One and Parcel Two are described in deed of John Smith and Edward G. Smith to Joseph Griswold, Jr., dated April 8, 1836 and recorded in the Franklin County Registry of Deeds in Book 95, Page 85.

TRACT FOUR.

Bounded on the west by Main Street (also known as Route 112); bounded on the north by land now or formerly of Wesley A. Stanley; bounded on the east by land now or formerly of said Wesley A. Stanley and Church Street; and bounded on the south by other land of The Kendall Company. (TRACT FIVE herein)

TRACT FIVE.

Bounded on the west by said Main Street (also known as Route 112); bounded on the north by other land of The Kendall Company (TRACT FOUR herein); bounded on the east by High Street and land now or formerly of John E. Coutu, et ux and land now or formerly of Sylvane and Dorella LaPierre and bounded on the South by land now or formerly of American Fiber & Finish, Inc.

TRACT SIX.

Beginning at an iron pin located at the easterly sideline of Main Street (also known as Route 112), said pin also marking the southwest corner of land now or formerly of Wilfred J. Coutu (see Book 1131, Page 147); thence S 84º17' E along land now or formerly of said Wilfred J. Coutu a distance of 143.80 feet to an iron pin at land now or formerly of Ernest A. Bruno, et ux; thence S 2º04' E along land now or formerly of said Ernest A. Bruno, et ux a distance of 134.70 feet to an iron pin at land now or formerly of Robert M. Shaw, et ux; thence N 87º39'30" W a distance of 52.35 feet to an iron pin; thence S 3º31' W a distance of 130.18 feet to an iron pin in the northerly side of a proposed street, the last two courses being along land now or formerly of said Robert M. Shaw, et ux; thence N 76º32'30" W along said proposed street a distance of 153.26 feet to an iron pin at the easterly sideline of said Main Street; thence N 22º16'30" E a distance of 92.0 feet to an iron pin; thence N 16º23'30" E a distance of 101.75 feet to the iron pin at the point of beginning, the last two courses being along the easterly sideline of said Main Street.

Being shown as "Dr. B. J. Kendall Co. Land of The Kendall Company" on a plan of land entitled "Subdivision for The Kendall Company at Griswoldville, Colrain, Massachusetts", dated October 6, 1961, drawn by F. Deane Avery Associates, and recorded in the Franklin County Registry of Deeds in Plan Book 22, Page 23.

Meaning and intending to convey all the remaining real estate owned by The Kendall Company located in Colrain, Franklin County, Massachusetts, EXCEPT for the following two parcels, bounded and described as follows:

PARCEL ONE.

Beginning at a point located at the intersection of two stone walls, said point being at the northwesterly corner of land now or formerly of Wayne D. Wood (Book 900, Page 100); thence N 01º47'29" W along a stone wall a distance of 104.46 feet to a point; thence N 05º12'29" W along said stone wall a distance of 318.67 feet to a point; thence N 10º22'29" W along said stone wall a distance of 187.17 feet to a point; thence N 06º24'29" W along said stone wall a distance of 270.99 feet to a point; thence S 76º22'31" E in part along another stone wall a distance of 497.53 feet to an iron pin; thence S 48º41'15" E a distance of 62.57 feet to an iron pin; thence S 02º26'51" E a distance of 151.89 feet to an iron pin; thence N 81º42'45" E a distance of 60.94 feet to an iron pin; thence continuing N 81º42'45" E a distance of 24 feet, more or less, to a point in the centerline of an old river bed; thence in a generally easterly direction along the centerline of said old river bed 485 feet, more or less, to a point in the centerline of the North River, the last ten courses being along land now or formerly of the Trustees of the Slowinski Family Trust; thence Southwesterly and southerly along the centerline of said North River a distance of 575 feet, more or less, to a point; thence S 71º07'44" W a distance of 69.00 feet to a point at the end of a stone wall; thence continuing S 71º07'44" W along said stone wall and along land now or formerly of said Wayne D. Wood a distance of 577.76 feet to the point of beginning. Containing 11.1 Acres, more or less.

Being shown as Parcel 3 on a Plan entitled "LAND IN COLRAIN, (Franklin Co.), MA SURVEYED FOR THE KENDALL COMPANY" dated November 10, 1987 and recorded in the Franklin County Registry of Deeds in Plan Book 67, Pages 70, 71, and 72.

PARCEL TWO.

Beginning at an iron pin on the northwesterly line of Main Street (also known as Route 112), said pin being at the intersection of the northwesterly line of said Main Street with the northerly line of a ten foot traveled gravel way; thence N 78º11'16" W along said 10 foot traveled gravel way a distance of 165.45 feet to an iron pin; thence N 30º41'16" W a distance of 38.45 feet to an iron pin; thence N 14º20'44" E a distance of 296.60 feet to a stone bound; thence N 69º57'38" W a distance of 67.03 feet to a stone bound in a stone wall; thence N 12º40'54" E along said stone wall a distance of 123.58 feet to a point, the last five courses being along land now or formerly of Wayne D. Wood; thence S 49º55'50" E a distance of 88.09 feet to a point; thence S 19º56'50" E a distance of 217.55 feet to a point; thence S 16º36'20" E a distance of 123.42 feet to a point; thence S 9º22'50" E a distance of 92.73 feet to a point on the northwesterly line of said Main Street, the last four courses being along other land of The Kendall Company (PARCEL 1 hereinabove); thence S 60º49'38" W along the northwesterly line of said Main Street a distance of 55.08 feet to the point of beginning. Containing 1.471 Acres, more or less.

Being shown as Parcel 2 on a Plan entitled "LAND IN COLRAIN, (Franklin Co.), MA SURVEYED FOR THE KENDALL COMPANY" dated November 9, 1987 and recorded in the Franklin County Registry of Deeds in Plan Book 67, Pages 70, 71, and 72, shall constitute a sewer district and are hereby made a corporate by the name of the Colrain Sewer District, hereinafter called the district, for the purpose of supplying themselves with sewage collection and disposal system for domestic and other purposes, with power to establish and to relocate and discontinue the same, to regulate the use of such sewer system and to fix and collect rates to be paid therefor, and for the purposes of assessing and raising taxes as provided herein for the payment of such services, and for defraying the necessary expenses of carrying on the business of the district, subject to all General Laws now or hereafter in force relating to such districts, except as otherwise provided herein. The district shall have the power to prosecute and defend all actions relating to its property and affairs.

SECTION 2. For the purposes of aforesaid, the district, acting by and through its board of sewer commissioners hereinafter provided for, may contract with any municipality, acting through its sewer department, authority to furnish same being hereby granted, and may take by eminent domain under chapter 79 or chapter 80A of the General Laws, or acquire by lease, purchase or otherwise, and hold land, or any portion thereof, within the town of Colrain and not already appropriated for public purposes; and for said purposes may take as aforesaid, or acquire by purchase or otherwise, and hold, all lands, rights of way and other easements necessary for collection, storing, holding, processing, purifying and disposing of effluent and for conveying the same to any part of the district. The district may construct and maintain on the lands acquired and held under this act proper tanks, pumping plants, buildings, processing plants, fixtures and other structures including also the establishment and maintenance of a collection system and treatment facility, and may make excavations, procure and operate machinery and provide such other means and appliances, and do such other things as may be necessary for the establishment and maintenance of complete and effective sewage collection and disposal system; and for that purpose may construct pipelines and establish pumping works, and may construct, lay, acquire and maintain conduits, pipes and other works under or over any land, water courses, railroad, railways and public or other ways, and along such ways, in said town, in such manner as not unnecessarily to obstruct the same; and for the purpose of constructing, laying, maintaining, operating and repairing such conduits, pipes and other works, and for all proper purposes of this act, the district may dig up or raise and embank any such lands, highways or other ways in such manner as to cause the least hindrance to public travel on such ways; provided, that the manner in which all things are done upon any such way shall be subject to the direction of the selectmen of the town of Colrain. The district shall not enter upon, or construct or lay any conduit, pipe or other works within, the location of any railroad corporation except at such time and in such manner as it may be agreed upon with such corporation, or, in case of failure so to agree, as may be approved by the department of public utilities. The district may enter upon any land for the purpose of making surveys, test wells or pits and borings, and may take or otherwise acquire the right to occupy temporarily any lands necessary for the construction of any work or for any other purpose authorized by this act.

SECTION 3. Any person sustaining damages in his property by any taking under this act or any other thing done under authority thereof may recover such damages from the district under chapter 79 or chapter 80A of the General Laws.

SECTION 4. For the purpose of paying the necessary expenses and liabilities incurred under this act, other than expenses of maintenance and operation, the district may borrow, in addition to amounts authorized by chapter 44 of the General Laws, $5,000,000 from time to time as may be necessary, and may issue bonds or notes therefor, which shall bear on their face the words Colrain Sewer District Loan Act of 1997. Each authorized issue shall constitute a separate loan, and such loans shall be payable in not more than 30 years from their dates. Indebtedness incurred under this act shall be subject to the provisions of said chapter 44 pertaining to such districts.

SECTION 5. The district shall, at the time of authorizing said loan or loans, provide for the payment thereof in accordance with section 4 of this act; and, when a vote to that effect has been passed, a sum which, with the income derived from sewer rates, will be sufficient to pay the annual expenses of operating its sewer works and the interest as it accrues on the bonds or notes issued as aforesaid by the district, and to make such payments on the principal as may be required under this act, shall without further vote be assessed upon the district by the assessors of said town of Colrain annually thereafter until the debt incurred by said loan or loans is extinguished.

SECTION 6. Any land taken or acquired under this act shall be managed, improved and controlled by the board of sewer commissioners hereinafter provided for, in such manner as they shall deem for the best interest of the district. All authority vested in said board by this section shall be subject to section 9.

SECTION 7. Whenever a tax is duly voted by the district for the purposes of this act, the clerk shall send a certified copy of the vote to the assessors of said town, who shall assess the same on property within the district in the same manner in all respects in which town taxes are required by law to be assessed; provided, that no estate shall be subject to any tax assessed on account of the sewer system under this act if, in the judgement of the board of sewer commissioners hereinafter provided for, after a hearing, due notice whereof shall have been given, such estate is so situated that it will receive no aid from the said sewer system, or if such estate is so situated that the buildings thereon, or the buildings that might be constructed thereon, could not be supplied with sewer from said system in any ordinary or reasonable manner; but all other estates in the district shall be deemed to be benefitted and shall be subject to such tax. A certified list of the estates exempt from taxation under the provisions of this section shall annually be sent by said board of sewer commissioners to said assessors, at the same time at which the clerk shall send a certified copy of the vote as aforesaid. The assessment shall be committed to the town collector, 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 overdue taxes in the manner in which interest is authorized to be collected on town taxes.

SECTION 8. Any meeting of the voters of the territory included within the boundaries set forth in section 1 to be held prior to the acceptance of this act, and any meeting of the voters of the district to be held prior to the qualification of a majority of the sewer commissioners, shall be called, on petition of ten or more legal voters therein, by a warrant from the selectmen of said town, or from a justice of the peace, directed to one of the petitioners, requiring him to give notice of the meeting by posting copies of the warrant in two or more public places in the district seven days at least before the time of the meeting. Such justice of the peace, or one of the selectmen, shall preside at such meeting until a clerk is chosen and sworn, and the clerk shall preside until a moderator is chosen. At any meeting held hereunder prior to the acceptance of this act, after the choice of a moderator for the meeting, the question of the acceptance of this act shall be submitted to the voters, and if it is accepted by a majority of the voters present and voting thereon it shall thereupon take effect, and the meeting may then proceed to act on the other articles in the warrant. After the qualification of a majority of the sewer commissioners, meetings of the district shall be called by warrant under their hands, unless some other method be provided by by-law or vote of the district.

SECTION 9. The district shall, after the acceptance of this act as aforesaid, elect by ballot, either at the same meeting at which this act shall have been accepted, or thereafter, at an annual meeting or at a special meeting called for the purpose, four persons, inhabitants of and voters in the district, one person from Zone C (Call Road/Griswoldville Street), said four commissioners shall appoint a fifth commissioner who shall be a representative from the industries contained within the district, to hold office, two until the expiration of three years, two until the expiration of two years, and one who is appointed until the expiration of one year, from the day of the next succeeding annual district meeting, to constitute a board of sewer commissioners; and at every annual district meeting following such next succeeding annual district meeting such commissioners as are elected shall be elected by ballot for the term of three years to fill those expired terms and shall appoint annually the fifth commissioner. The date of the next annual meeting shall be fixed by by-law or by vote of the board of sewer commissioners, but in no event shall it be later than 15 months subsequent to the date on which the sewer commissioners were first elected. All the authority granted to the district by this act, except sections 4 and 5, and not otherwise specifically provided for, shall be vested in said board of sewer commissioners, who shall be subject, however, to such instructions, rules and regulations as the district may by vote impose. At the meeting at which said sewer commissioners are first elected and at each annual district meeting held thereafter, the district shall elect by ballot, each for a term of one year, a clerk and a treasurer of the district. The treasurer shall not be a sewer commissioner, and shall give bond to the district in such an amount as may be approved by said sewer commissioners and with a surety company authorized to transact business in the commonwealth as surety. A majority of said sewer commissioners shall constitute a quorum for the transaction of business. Any vacancy occurring in said board from any cause may be filled for the remainder of the unexpired term by said district at any legal meeting called for the purpose. No money shall be drawn from the treasury of the district on account of its sewer works except upon a written order of said sewer commissioners or a majority of them.

SECTION 10. Said board of sewer commissioners shall fix just and equitable prices and rates for the use of the sewer, and shall prescribe the time and manner of payment. The income of the sewer works shall be appropriated to defray all operating expenses, interest charges and payments on the principal as they shall accrue upon any bonds or notes issued under authority of this act. If there should be a net surplus remaining after providing for the aforesaid charges, it may be appropriated for such future new construction as said sewer commissioners may recommend, and in case a surplus should remain after payment for such new construction, the sewer rates may be reduced proportionately. If in any year there should be a deficit of revenue, the sewer commissioners shall in the following year fix the rate so as to meet such deficit together with the estimated operating costs including interest and debt. Said sewer commissioners shall annually, and as often as the district may require, render a report upon the condition of the works under their charge, and an account of their doings, including an account of receipts and expenditures.

SECTION 11. The district may adopt by-laws, prescribing by whom and how meetings of the district may be called, notified, and conducted; and, upon the application of ten or more legal voters in the district, meetings may also be called by warrant as provided in section 8. The district may also establish rules and regulations for the management of its sewer works, not inconsistent with this act or with any other provision of law, and may choose such other officers not provided for in this act as it may deem necessary or proper.

SECTION 12. Whoever wilfully or wantonly corrupts or diverts any effluent obtained under this act, or wilfully or wantonly injures any pipe or other property owned or used by the district for any of the purposes of this act, shall forfeit and pay to the district three times the amount of damages assessed therefor, to be recovered in an action of tort, and upon conviction of any of the above wilful or wanton acts shall be punished by a fine of not more than $300 or by imprisonment for not more than one year, or both.

SECTION 13. Upon a petition in writing addressed to said board of sewer commissioners requesting that certain real estate, accurately described therein, located in said town and not otherwise served by a pubic sewer system be included within the limits thereof, and signed by the owners of such real estate, or a major portion of such real estate, said sewer commissioners shall cause a duly warned meeting of the district to be called, at which meeting the voters may vote on the question of including said real estate within the district. If a majority of the voters present and voting thereon vote in the affirmative the district clerk shall within ten days file with the town clerk of said town and with the state secretary an attested copy of said petition and vote; and thereupon said real estate shall become and be part of the district and shall be holden under this act in the same manner and to the same extent as the real estate described in section 1.

SECTION 14. This act shall take full effect upon its acceptance by a majority vote of the voters of the territory included within the district by section 1 present and voting thereon, by the use of a check list, at a district meeting called, in accordance with section 8, within four years after its passage.

Approved October 17, 1997.