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  • Acts
  • 2004
  • Chapter 135 AN ACT RELATIVE TO THE SOUTH SAGAMORE WATER DISTRICT AND THE BOURNE 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 441 of the acts of 1938 is hereby amended by striking out section 1, as most recently amended by section 1 of chapter 604 of the acts of 1977, and inserting in place thereof the following section:-

Section 1. The inhabitants of the town of Bourne, liable to taxation in said town, and residing within the territory comprised within the following boundary lines, to wit:- beginning at the Cape Cod Canal at a point 6,000 feet west of the center line of the Sagamore bridge and running southerly from the mean high water line of the canal on its southerly bank continuing in a straight line to a point on the northerly boundary of the Military Reservation, as shown on the Reservation Map-Camp Edwards, Scale 1:10,000, dated May 15, 1941, Plan 6863-578, thence turning and running westerly along the northerly line of said reservation to the westerly line of said reservation; thence turning and running southerly by the westerly line of said reservation, as shown on said map, to its point of intersection with the Falmouth town line; thence westerly by the Falmouth town line to Buzzards Bay; thence northerly by the shore line of Buzzards Bay, including all adjacent islands, as appearing on the plan hereinafter referred to as the Cape Cod canal; thence easterly along the south bank of the Cape Cod canal to the point of beginning, said territory being shown on the map of the Bourne Water District dated January, 1940, by Whitman & Howard, as revised by Newell Snow in September, 1952, and the inhabitants of the town of Bourne, liable to taxation in said town and residing within the territory comprised within the following boundary lines, to wit:- beginning at the intersection of the boundary line between the town of Bourne and the town of Sandwich with the Cape Cod canal and running westerly by the Cape Cod canal to a point 6,000 feet west of the center line of the Sagamore bridge; thence turning and running south, true meridian, from the mean high water line of the Cape Cod canal on its southerly bank a distance of 6,000 feet; thence turning and running east, true meridian, to the boundary line between the town of Bourne and the town of Sandwich; thence turning and running northeasterly by the boundary line between the town of Bourne and the town of Sandwich to the Cape Cod canal to the point of beginning, with the exception of a parcel of land shown as Lot 2 on a plan of land entitled "Plan of Division of Parcel A into Lots 1 and 2 in Sagamore, (South) Bourne" drawn by Charles W. Ehman, Jr., RLS dated October 12, 1983, shall constitute a water district and are hereby made a body corporate by the name of the Bourne Water District, hereinafter called "the district", for the purpose of supplying themselves with water for the extinguishment of fires and for domestic and other purposes, with power to establish fountains and hydrants and to relocate and discontinue the same, to regulate the use of such water and to fix and collect rates to be paid therefor, and for the purposes of assessing and raising taxes as provided in this act for the payment of such services, and for defraying the necessary expenses of carrying on the business of said district, subject to all general laws now or hereafter in force relative to such districts, except as otherwise provided in this act. The district shall have power to prosecute and defend all actions relating to its property and affairs.

SECTION 2. Notwithstanding section 16 of chapter 30B of the General Laws, the South Sagamore Water District, acting through its board of water commissioners, may convey by deed a certain parcel of conservation land to the Bourne Conservation Trust, in accordance with section 15B of chapter 40 of the General Laws. Said parcel of land is shown as Lot 2 on a plan of land entitled "Plan of Division of Parcel A into Lots 1 and 2 in Sagamore, (South) Bourne" drawn by Charles W. Ehman, Jr., RLS dated October 12, 1983. The parcel shall be held by the Bourne Conservation Trust solely for conservation purposes.

SECTION 3. Section 1 shall take effect on July 1, 2004, if accepted before that date at a meeting of the Bourne Water District at which persons constituting the water district, established by this act shall be entitled to vote. Upon acceptance as provided in this section, the redefined Bourne water district shall be the corporate successor to the former Bourne water district and shall succeed to all property, liabilities and contracts of the Bourne water district as previously established.

SECTION 4. Section 2 of this act shall take effect upon its passage.

Approved June 16, 2004.