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  • Acts
  • 1998
  • Chapter 92 AN ACT RELATIVE TO THE BUZZARDS BAY WATER DISTRICT.

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. Chapter 145 of the acts of 1937 is hereby amended by striking out section 4 and inserting in place thereof the following section:-

Section 4. For the purpose of paying the necessary expenses and liabilities incurred under the provisions of this act, the district may borrow in accordance with chapter 44 of the General Laws and other applicable laws of the commonwealth.

SECTION 2. Said chapter 145 is hereby further amended by striking out section 7, as amended by section 1A of chapter 106 of the acts of 1951, and inserting in place thereof the following section:-

Section 7. Whenever appropriations are duly voted by said district the clerk shall apportion the sums of money to be raised between the towns of Bourne and Plymouth in the proportion that the number of users in each of said towns bears to the total number of users in said district and shall render a certified copy of the vote, with the apportionment made by said clerk, to the assessors of said towns of Bourne and Plymouth, who shall assess the share of each town in the same manner in all respects in which town taxes are required by law to be assessed. The assessment shall be committed to said town collectors 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 said district. Said district may collect interest on overdue taxes in the manner in which interest is authorized to be collected on town taxes.

SECTION 3. Said chapter 145 is hereby further amended by striking out section 8 and inserting in place thereof the following section:-

Section 8. Meetings of the district shall be called by the clerk when requested by at least a majority of the board of commissioners or by ten or more legal voters of said district. Said clerk shall give due notice of such meeting by posting copies of the warrant in two or more public places in said district at least seven days before the time of the meeting.

SECTION 4. Section 9 of said chapter 145 is hereby amended by striking out the second and third sentences and inserting in place thereof the following three sentences:- All the authority granted to said district by this act, and not otherwise specifically provided for, shall be vested in said board of water commissioners, who shall be subject, however, to such instructions, rules and regulations as the district may by vote impose. At each annual district meeting, the commissioners shall appoint a treasurer of the district, who shall give bond to the district in accordance with the General Laws and the commissioners shall appoint a clerk of the district who shall serve for a term of one year to include the next annual district meeting. At each annual district meeting, the district shall elect a moderator to serve for a term of one year.

SECTION 5. Said chapter 145 is hereby further amended by striking out section 10 and inserting in place thereof the following section:-

Section 10. Said commissioners shall fix just and equitable prices and rates for the use of water and shall prescribe the time and manner of payment. The income of the water 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. Said 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 6. Section 12 of said chapter 145 is hereby repealed.

SECTION 7. Said chapter 145 is hereby further amended by adding the following section:-

Section 15. Notwithstanding the provisions of section 53 of chapter 44 of the General Laws or any other general or special law to the contrary, the Buzzards Bay Water District is hereby authorized to establish a separate fund to be known as the Betterment Reserve Fund, which shall be kept separate and apart from all other monies of said district by the treasurer of said district. All betterment payments, apportioned and unapportioned and received by said district shall be deposited into said fund.

The treasurer may invest such funds in the manner authorized by sections 54 and 55 of said chapter 44. The principal and interest thereon shall be reserved for appropriation for the payment of said water district's betterment debt. Any excess in said fund may be transferred to the general fund of said water district.

SECTION 8. This act shall take effect upon its passage.

Approved April 23, 1998.