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  • Acts
  • 2002
  • Chapter 325 AN ACT PROVIDING FOR A BETTERMENT PROGRAM FOR PRIVATE ROAD IMPROVEMENTS IN THE CITY OF GLOUCESTER.

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 section 6N of chapter 40 of the General Laws or any other general or special law to the contrary, the city of Gloucester may make permanent repairs on private ways within its corporate and municipal limits including improvements to grading, drainage, paving, resurfacing and curbing and to adopt ordinances to carry out the provisions of this act. The city may reenact and amend its existing private road ordinances.

SECTION 2.

Notwithstanding any general or special law to the contrary, the city of Gloucester may borrow, from time to time, such sums as may be necessary for the purpose of making repairs to private ways within the city. Each authorized issue shall be payable within 20 years from its date. Indebtedness incurred under this act shall not be included in determining the limit of indebtedness of the city under section 10 of chapter 44 of the General Laws and except as provided in this act shall otherwise be subject to said chapter 44.

SECTION 3. The ordinances of the city of Gloucester authorized by section 1 shall provide for the cost of the repairs and borrowing authorized by this act to be apportioned to and among the benefitted property owners along the road so repaired as a betterment pursuant to chapter 80 of the General Laws. The board of assessors of the city of Gloucester may set the number of years a betterment may be assessed for less than 20 years for private road improvements, notwithstanding the request of the owner of the land assessed. The city shall accept settlement in cash for the full amount so apportioned within 30 days or shall bill the property owner for the total cost to be divided over a period of years established pursuant to this section with interest to be computed at a minimum rate of 2 per cent above the rate of interest charged to the city on any funds borrowed by the city for this purpose. The city shall record appropriate orders to secure payment in the same manner as it acquires a lien for a betterment assessment pursuant to said chapter 80.

SECTION 4. The city of Gloucester may appropriate funds and may deposit betterment payments received under this act in a segregated revolving fund, which fund shall not require annual authorization pursuant to section 53½ of chapter 44 of the General Laws.

SECTION 5. All permanent repairs to private roads performed by the city pursuant to its ordinance c. 21-83 and prior to the date of the submission of this act to the legislature by the city are by this act deemed to be consistent with all applicable state laws.

SECTION 6.

This act shall take effect upon its passage.

Approved September 19, 2002.