AN ACT RELATIVE TO AN INTERMUNICIPAL AGREEMENT BETWEEN THE TOWNS OF PROVINCETOWN AND TRURO.
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 any general or special law or the charter of the town of Provincetown to the contrary, whenever there exists an intermunicipal agreement between the town of Provincetown and the town of Truro for the provision of water to the residents of Truro, this act shall be applicable, but not otherwise.
SECTION 2. When the water and sewer board of the town of Provincetown is exercising the powers of a water board, 1 such member shall, at the discretion of the board of selectmen of the town of Provincetown, be designated by said board as an alternate member, and 3 additional members, who shall be registered voters of the town of Truro, shall be appointed by the board of selectmen of the town of Truro for a total of 7 members and 1 alternate member.
SECTION 3. The 3 members appointed by the board of selectmen of the town of Truro shall serve for terms of 3 years; provided, however, that initially 1 such member shall be appointed for a 3-year term, 1 for a 2-year term, and 1 for a 1-year term.
SECTION 4. Except as otherwise provided in this act, chapter 3 and section 10-2 of the Provincetown town charter shall be applicable to the appointment, service and removal of the members appointed by the board of selectmen of the town of Truro. With regard to the provision of notice of appointment, filling of vacancies and removals of members appointed by the board of selectmen of the town of Truro in accordance with section 2 of this act, references in the town charter to the “appointing authority” shall be applicable to the board of selectmen of the town of Truro.
SECTION 5. Notice of appointment of a member appointed by the board of selectmen of the town of Truro under section 2 shall be filed with the town clerk of the town of Provincetown. Any such member shall, before entering upon the member’s official duties, be sworn to the faithful performance thereof by either the town clerk or the moderator of the town of Provincetown. For purposes of section 109 of chapter 41 of the General Laws, the resignation of such member shall be filed with the town clerk of the town of Provincetown, at which time the resignation shall become effective, or at a later time as may be specified in the resignation. The town clerk of the town of Provincetown shall forthwith provide notice of the same to the town clerk of the town of Truro.
SECTION 6. When the water and sewer board of the town of Provincetown is exercising the powers of a water board, and appointments have been made by the board of selectmen of the town of Truro in accordance with section 2, a quorum of the water and sewer board shall be 4 members.
SECTION 7. For purposes of chapter 268A of the General Laws, the members of the water and sewer board appointed by the board of selectmen of the town of Provincetown under section 2 shall be considered special municipal employees of the towns of Provincetown and Truro.
SECTION 8. Upon the expiration or termination of an intermunicipal agreement between the towns of Provincetown and Truro under section 1, the terms of the 3 members of the water and sewer board appointed by the board of selectmen of the town of Truro under section 2 shall immediately terminate.
SECTION 9. This act shall take effect upon its passage.
Approved, October 29, 2010.