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Session Law

2008

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Chapter 254 AN ACT PROVIDING FOR THE MERGER OF THE TURNERS FALLS FIRE DISTRICT AND THE LAKE PLEASANT WATER SUPPLY 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. Section 1 of chapter 449 of the acts of 1908 is hereby amended by striking out, in lines 17 and 18, the words “made a body corporate by the name of the Lake Pleasant Water Supply District” and inserting in place thereof the following:- to be included as part of the body corporate by the name of the Turners Falls Fire District.

SECTION 2. Section 2 of said chapter 449 is hereby amended by striking out the first sentence.

SECTION 3. Said section 2 of said chapter 449 is hereby further amended by striking out, in lines 8 and 9, the words “water supply” and inserting in place thereof the following word:- fire.

SECTION 4. Section 3 of said chapter 449 is hereby amended by striking out, in line 1, the words “water supply” and inserting in place thereof the following word:- fire.

SECTION 5.
Said section 3 of said chapter 449 is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- The title to all land taken, purchased or acquired in any way under the provisions of this act shall vest in the Turners Falls Fire District and the land so taken may be managed, improved and controlled by the Turners Falls Fire District board of water commissioners in such manner as they shall deem to be in the best interest of said district.

SECTION 6. Sections 5, 6 and 7 of said chapter 449 are hereby repealed.

SECTION 7. Said chapter 449 is hereby further amended by striking out section 8 and inserting in place thereof the following section:-

Section 8. Said district shall hold meetings from time to time at the call of the Turners Falls Fire District prudential committee and notice of such meetings shall be provided by said prudential committee as may be required by law.

SECTION 8. Said chapter 449 is hereby further amended by striking out section 9 and inserting in place thereof the following section:-

Section 9. All authority granted to said district by this act and not otherwise specifically provided for shall be vested in the board of water commissioners, who shall be subject to such instructions, rules and regulations as the district may impose by its vote.

SECTION 9. Said chapter 449 is hereby further amended by striking out section 10 and inserting in place thereof the following section:-

Section 10. Said board of water commissioners shall fix just and equitable prices and rates for the use of water, and shall prescribe the time and manner of payment.

SECTION 10. Section 11 of said chapter 449 is hereby repealed.

SECTION 11. Section 13 of said chapter 449 is hereby repealed.

SECTION 12. Upon the effective date of this act, the terms of office of the Lake Pleasant Water Supply District board of water commissioners and all other elected officials of the district shall be abolished and the terms of the elected officials holding such offices shall be terminated. No contracts or liabilities then in force shall be affected by such abolition or termination, but the Turners Falls Fire District, its prudential committee, and its board of water commissioners shall in all respects be the lawful successor of the Lake Pleasant Water Supply District, its board of water commissioners and all other elected officials of said district.

SECTION 13. All equipment, real and personal property, infrastructure, water pipes, hydrants, and monetary assets and obligations owned or held by the Lake Pleasant Water Supply District, upon the effective date of this act, shall be transferred to and be under the custody, control and direction of the Turners Falls Fire District through its board of water commissioners.

SECTION 14. Notwithstanding any other provisions of this act, no fire protection service shall be offered or provided by the Turners Falls Fire District to the Lake Pleasant Water Supply District as that district existed before the effective date of this act, except at the request of the Montague Center Fire District.

Approved August 5, 2008


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