AN ACT AUTHORIZING THE TOWN OF NORFOLK TO INCUR DEBT FOR THE PURPOSE OF REMOVING OVERHEAD UTILITIES, REPLACING WITH UNDERGROUND FACILITIES, AND AUTHORIZING A SURCHARGE TO DO THE SAME.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
The town of Norfolk may incur debt,
outside the limit of indebtedness prescribed in section 10 of chapter 44 of
the General Laws, for the purpose of removing or causing to be removed poles,
overhead wires and associated overhead structures used in connection with the
provision of public utilities and which are located upon, along or across
public ways within its business (B-1) district, as defined in the Norfolk
by-law, and replacing the same with underground facilities. Any debt incurred
hereunder shall otherwise be subject to the provisions of said chapter 44.
Any utility organized and existing under the laws of or
doing business in the commonwealth and which maintains poles, overhead wires
or associated overhead structures within the town of Norfolk, and in the
town, subject to a majority vote of its town meeting, may enter
into, and from time to time amend, a cooperation agreement whereby (a) the
town shall appropriate by borrowing under section 1 of this act
and expend a sum or sums of money to remove or cause to be removed any poles
and overhead wires and associated overhead structures located within its
business (B-1) district, and, if needed, for the continuation of such utility's
service, to replace the same or cause them to be replaced with underground
facilities, and (b) the utility shall pay to the town in each
calendar year for a period of years specified in such agreement an amount which
shall be equal to 2 per cent of such utility's gross revenue derived during
next prior calendar year from its customers within the town
but the total amount paid by the utility to the town over
the term of the agreement shall not exceed the town's principal, interest, and
costs associated with such borrowing.
Any utility shall impose and
collect a surcharge of 2 per cent on its total billing to each customer located
in the town of Norfolk in addition to all other rates, charges and fees it may
otherwise be authorized to impose and collect,
as a contribution towards the cost of funding any
agreement entered into by the utility and the town pursuant to this
Any utility which enters into an agreement with the town
of Norfolk pursuant to this act shall be exempt from any by-law adopted by
the town under section 22D of chapter 166 of the General Laws for so long as such agreement remains in effect.
This act shall take effect upon its passage.