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,
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
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
purpose of making repairs to private ways within the city. Each authorized
shall be payable within 20 years from its date. Indebtedness incurred under
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
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.