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The 192nd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TOWN OF EASTHAM TO ESTABLISH A WATER CONNECTION ASSISTANCE PROGRAM.

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.  The town of Eastham may establish a water connection assistance program for property owners in the town of Eastham in order to assist such owners to connect to the town's water distribution system.  The program shall be consistent with the terms and conditions under section 127B½ of chapter 111 of the General Laws.

SECTION 2.  Any costs incurred pursuant to this act may be funded by an appropriation or issuance of debt; provided, however, that any debt incurred shall be subject to chapter 44 of the General Laws and shall not exceed 20 years.

SECTION 3.  Any appropriation or borrowing by the town for purposes contained within this act shall not be included for the purpose of computation of the levy or borrowing limits otherwise imposed upon the town by the General Laws.

SECTION 4.  An owner may petition the board of selectmen or other appropriate authority in charge of the town’s water distribution system to enter into an agreement, subject to appropriation, authorizing the board of selectmen or other authority to cause the premises to be connected to the town’s water distribution system. An owner who enters into such an agreement shall be responsible for all expenses incurred by the town, directly or indirectly, for the connection. A notice of the agreement shall be recorded as a betterment and be subject to the provisions of chapter 80 of the General Laws relative to the apportionment, division, reassessment and collection of assessment, abatement and collections of assessments and to interest; provided, however, that for the purposes of this section, such lien shall take effect by operation of law on the day immediately following the due date of the assessment or apportioned part of the assessment and the assessment may bear interest at a rate determined by the town treasurer by agreement with the owner at the time the agreement is entered into between the board of selectmen and the property owner.  In addition to the remedies available under said chapter 80, the property owner shall be personally liable for the repayment of the total costs incurred by the town under this section; provided, however, that upon assumption of the personal obligation to a purchaser or other transferee of all of the original owner’s interest in the property at the time of conveyance and the recording of the assumption, the owner shall be relieved of the personal liability.

SECTION 5.  The board of selectmen may enact regulations to carry out the water connection assistance program that are within the general scope and intent of this act.

SECTION 6.  This act shall take effect upon its passage.

Approved, January 16, 2020.