AN ACT ESTABLISHING A BOARD OF WATER AND SEWER COMMISSIONERS IN THE CITY OF NEWBURYPORT
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 403 of the acts of 1908 is hereby amended by striking out section 10 and inserting in place thereof the following section:-
Section 10. The powers and duties granted to and imposed upon the city of Newburyport by this act shall, except the power of borrowing money, be exercised by a board of water and sewer commissioners, hereinafter called the board, consisting of 5 regular and 2 alternate members of the city, to be appointed by the mayor, subject to confirmation by the city council, for 3-year rotating terms. Members of the board shall hold office, unless sooner removed, until their successors are appointed and qualified. Vacancies shall be filled for the remainder of the term in the same manner as the original appointment. A person shall not be appointed to the board who holds any elected city office at the time. A member of the board, after notice and opportunity for a hearing may be removed by the mayor. The board shall have all the powers and duties provided in this act, as well as those powers and duties provided in chapter 261 of the acts of 1963. The board shall annually choose a chairman and a secretary; provided, however, that the board may reorganize at any time at its discretion. The board members shall not receive compensation for their services unless an appropriation is made therefor by a two-thirds vote of the city council. The board shall annually, and as often as the city council shall require, render an account of its official acts; and the board’s books and accounts shall be open to the inspection of the finance director at any time.
SECTION 2. Section 11 of said chapter 403, as amended by chapter 56 of the acts of 1956, is hereby further amended by striking out the word “commissioners” and inserting in place thereof the following words:- and sewer commissioners.
SECTION 3. Section 12 of said chapter 403, as amended by said chapter 56 of the acts of 1956, is hereby further amended by striking out the word “commissioners” and inserting in place thereof the following words:- water and sewer commissioners.
SECTION 4. Chapter 261 of the acts of 1963 is hereby amended by striking out section 4 and inserting in place thereof the following section:-
Section 4. The powers and duties granted to and imposed upon the city by this act shall, except the power of borrowing money, be exercised by a board of water and sewer commissioners, hereinafter called the board, consisting of 5 regular and 2 alternate members of the city, to be appointed by the mayor, subject to confirmation by the city council, for 3-year rotating terms. Members of the board shall hold office, unless sooner removed, until their successors are appointed and qualified. Vacancies shall be filled for the remainder of the term in the same manner as the original appointment. A person shall not be appointed to the board who holds at the time any elected city office. A member, after notice and opportunity for a hearing, may be removed by the mayor. The board shall have all the powers and duties provided in this act, as well as those powers and duties provided in chapter 403 of the acts of 1908. The board shall annually choose a chairman and a secretary; provided, however, that the board may reorganize at any time at its discretion. The board members shall not receive compensation for their services unless an appropriation is made therefor by a two-thirds vote of the city council. The board shall annually, and as often as the city council shall require, render an account of its official acts; and the board’s books and accounts shall be open to the inspection of the finance director at any time.
SECTION 5. Notwithstanding any general or special law to the contrary, there shall hereby be established in the city of Newburyport a board of water and sewer commissioners consisting of 5 members and 2 alternates appointed for 3-year terms by the mayor, subject to confirmation by the city council. The board shall have all duties and responsibilities assigned originally to the board of sewer commissioners and the board of water commissioners of the city of Newburyport.
SECTION 6. Upon the appointment and qualification of the board of water and sewer commissioners established by section 5, the board of sewer commissioners and the board of water commissioners of the town of Newburyport shall be abolished, and the terms of the persons holding such offices terminated. Initial appointments of the consolidated board of water and sewer commissioners shall be made as follows: 2 members for 3 years, 2 members for 2 years, and 1 member for 1 year, and 1 alternate shall be appointed for 1 year, and 1 alternate shall be appointed for 2 years.
SECTION 7. Contracts or liabilities in force on the effective date of this act shall not be affected by abolition of the offices of the board of water commissioners and the board of sewer commissioners and consolidation of the water and sewer-related functions of the city as provided for herein, and the newly established consolidated board of water and sewer commissioners shall in all respects be the lawful successor of the offices so abolished and consolidated. All records, property and equipment whatsoever of any office, department, or part thereof, of said board of sewer commissioners and said board of water commissioners are hereby assigned to the board of water and sewer commissioners established in this act. Notwithstanding any other provision of this act to the contrary, the enactment hereof shall not affect the validity or legality of any act done, any liability incurred, or any right accrued or established under the authority of the board of water commissioners pursuant to chapter 261 of the acts of 1963 or the board of sewer commissioners pursuant to chapter 403 of the acts of 1908.
SECTION 8. This act shall take effect upon its passage.
Approved, April 8, 2014.