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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TOWN OF MANCHESTER-BY-THE-SEA TO MAKE PERMANENT IMPROVEMENTS TO PRIVATE WAYS AND ASSESS BETTERMENTS

     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 section 6N of chapter 40 of the General Laws or any other general or special law to the contrary, the town of Manchester-by-the-Sea may: (1) make permanent repairs and improvements on private ways within the corporate limits of the town including, but not limited to, improvements to grading, drainage, paving and resurfacing; (2) appropriate and expend funds therefor; (3) assess betterments as provided below; and (4) adopt by-laws to carry out this act.
     SECTION 2.  Notwithstanding any general or special law to the contrary, the town of Manchester-by-the-Sea may borrow, from time to time, such sums as may be necessary to make repairs and improvements to private ways within the town.  Each authorized issue shall be payable within 20 years from its date.  Indebtedness incurred under this act shall not be included in determining the limit of indebtedness of the town under section 10 of chapter 44 of the General Laws and, except as provided herein, shall otherwise be subject to said chapter 44.
     SECTION 3.  The by-laws of the town of Manchester-by-the-Sea shall provide for the cost of the repairs and improvements and the borrowing authorized by this act to be apportioned to and among the benefited property owners as a betterment pursuant to chapter 80 of the General Laws.  The board of assessors, in consultation with the board of selectmen, may set the number of years for which a betterment may be assessed, which may be for fewer than 20 years for private way improvements, notwithstanding the request of the owner of the land assessed.  Chapter 80 of the General Laws shall apply to the assessments authorized in this act with respect to the assessment, appointment, division, interest, abatement and collection of such assessments. The town 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.  This act shall take effect upon its passage.

Approved, August 27, 2015.