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  • Acts
  • 1998
  • Chapter 77 AN ACT RELATIVE TO THE WATER SUPPLY AND SEWER SYSTEMS OF THE TOWN OF SOUTHBRIDGE.

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. Notwithstanding the provisions of any general or special law to the contrary, pumping stations, force mains, filter systems, storage tanks, pipelines and appropriate interconnections that are reasonable and necessary to facilitate the transport of water, including potable water, non-potable water, effluent and return wastewater located in the town of Southbridge and owned by Millennium Power Partners, L.P. or its successors or assigns shall be exempt from local property taxation; provided, however, that said exemption shall be allowed for a period not to exceed 30 years from the effective date of this act; and provided, further, that such facilities shall be so exempt only if the owner thereof has entered into an agreement with the town manager and the board of assessors of the town of Southbridge, which board and town manager are hereby authorized to enter into such agreement for and on behalf of the town upon such terms as they deem to be in the town's best interest, whereby the owner shall make a payment in lieu of taxes. Any such payment in lieu of taxes combined with any payment for effluent shall be greater than the local property tax that the pumping stations, forced mains, filter systems, storage tanks, pipelines and appropriate interconnections would pay fully assessed.

SECTION 2. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established in the treasury of the town of Southbridge a special fund to be known as the Southbridge Debt Service Reserve Fund. Excluding the payment in lieu of taxes as set forth in section 1, all amounts paid yearly by Millennium Power Partners, L.P. or its successors or assigns for effluent under the provisions of a contract with the town of Southbridge, shall be allocated as follows: $100,000 shall be deposited in the Water Enterprise Fund, $100,000 shall be deposited in the Sewer Enterprise Fund and the remainder of the yearly payment shall be deposited in said Debt Service Reserve Fund. The town treasurer shall be the custodian of said Debt Service Reserve Fund and may invest amounts in said fund in accordance with the provisions of section 54 of chapter 44 of the General Laws. All earnings and income from such investments shall be added to and become a part of said fund. Amounts in said fund may be appropriated by the town council in any fiscal year to pay principal and interest on long-term debt of the town, including water and sewer enterprise fund debt, maturing, callable or due in the ensuing fiscal year. The amount to be appropriated shall be submitted to the town council by the town manager under the provisions of section 9-2-1 of the Southbridge town charter. The town council may also appropriate funds from any source into the Debt Service Reserve Fund.

SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, the town of Southbridge is hereby authorized, after compliance with applicable procurement laws, to enter into management contracts for water and sewer treatment facilities, for periods of ten years with options for renewal.

SECTION 4. Notwithstanding the provisions of any general or special law to the contrary, the town of Southbridge is hereby authorized to enter into contracts for the sale of water, including potable water, non-potable water and effluent for a period not to exceed 30 years.

Approved April 9, 1998.