H 3823

Chapter

THE

COM

M 0 N W E A L T H

MAS

SAC

H USE

T T S

In the Year

Two Thousand

and Fourteen

AN ACT

ESTABLISHING

A BOARD

OF WATER

AND

SEWER

COMMISSIONERS

IN THE

CITY

OF NEWBURYPORT.

Be it enacted asse~led, SECTION out section Section of

by

the Senate

and House

of Representatives as follows:

in General

Court

and by the authority 1. Chapter

of the same,

403 of the acts of 1908 is hereby in place and thereof the following to and

amended

by striking

10 and inserting 10. by The powers act

section:upon the money, called city, to for city be the be 3-

duties

granted the

imposed

Newburyport

this

shall, and

except sewer 2

power

of

borrowing

exercised board,

by a board of

of water

commissioners, alternate

hereinafter of city the

consisting by the

5 regular subject Members successors of

and to of

members by the

appointed year

mayor,

confirmation board shall

council, unless Vacancies as the

rotating until for

terms. their the A

the

hold

office,

sooner shall

removed, be filled

are the not

appointed term be A

and qualified. same to the manner board

remainder shall the

in the

original holds any and have and

appointment. elected city

person at

appointed member by of

the

who

office for

time. be

board,

after

notice shall powers

opportunity all the

a hearing and duties

may

removed

the mayor. act, of as well

The board as those

powers provided a

provided

in this acts

duties choose

in chapter and a

261 of the secretary;

1963. The board however, that

shall the

annually board may

chairman

provided,

reorganize compensation two-thirds

at any time at its discretion. for their vote of the services city unless

The board

members

shall

not receive by a

an appropriation The board shall

is made annually,

therefor and

council.

as often acts; and

as the city council the board's director books

shall

require,

render

an account to the

of its official inspection

and accounts

shall

be open

of the finance

at any time. 2. Section is 11 of hereby said chapter 403, as by amended by chapter out the 56 of word

SECTION the acts of

1956, and

further

amended

striking

"commissioners" commissioners. SECTION of the acts 3. of

inserting

in place

thereof

the following

words:-

and sewer

Section 1956, and

12 of said is hereby

chapter further

403, as amended amended the by

by said chapter out the

56

striking

word water

"commissioners" and sewer

inserting

in place

thereof

following

words: -

commissioners. 4. Chapter 261 of the acts of 1963 is hereby in place thereof the following amended by striking

SECTION out section

4 and inserting

section:-

H 3823

Section this act

4.

The powers except

and duties

granted

to and imposed money, called to be for be

upon

the city by by a board of

shall, and and to of

the power

of borrowing hereinafter of the city city,

exercised

of water 5 regular subject Members

sewer

commissioners, members by the hold

the board, appointed 3 -year

consisting

2 alternate

by the mayor, terms. their the

confirmation the are board

council, unless

rotating until

shall

office,

sooner

removed, be

successors remainder shall office. not

appointed

and

qualified.

vacancies

shall

filled

for

of the term be appointed

in the same manner to the board who

as the original holds at the

appointment. time any

A person city

elected

A member,

after

notice shall

and opportunity have

for a hearing, and duties

may

be removed in this

by the mayor. act, as well 1908. however, board The

The board as those

all the powers provided

provided

powers

and duties choose

in chapter and at their

403 of the acts of provided, The an The render shall be

board the

shall board

annually may

a chairman at any

a secretary; its

that

reorganize

time for vote

discretion. unless

members

shall is made

not

receive

compensation

services

appropriation board shall

therefor and

by a two-thirds as the city

of the city shall and

council.

annually, of

as often acts;

council books

require,

an account open

its official

and

the board's director general city

accounts

to the inspection SECTION 5.

of the finance any

at any time. or special law to the contrary, of water for The the

Notwithstanding be established consisting

there

shall

hereby

in the

of Newburyport

a board

and sewer 3-year board board

commissioners by have

of 5 members

and 2 alternates by the assigned city

appointed council. to

terms shall

the mayor, all duties

subject and and

to confirmation

responsibilities the board of water

originally

of sewer

commissioners

commissioners

of the city

of Newburyport. SECTION and sewer 6. Upon the appointment established of water the terms and by qualification section 5, of the board the board of water of sewer

commissioners and the board and

commissioners shall be

commissioners of the

of the town holding board

of Newburyport such offices and sewer for 2

abolished, Initial shall

persons

terminated. commissioners years,

appointments be made

of the consolidated 2 members

of water

as follows:

for 3 years,

2 members

and 1 member

for 1 year,

and 1 alternate for 2 years. in

shall

be appointed

for 1 year,

and 1 alternate SECTION this water act 7.

shall

be appointed or

Contracts not be and

liabilities by

force of the

on

the

effective of the

date board

of of of and

shall

affected the board

abolition of sewer

offices

commissioners and

commissioners city

and consolidation for herein,

the water the shall newly

sewer-related

functions

of the board of

as provided and sewer

established respects All or part

consolidated be the lawful property of are

water

commissioners and

in all

successor and

of the offices whatsoever

so abolished of any

consolidated. department, board of

records, thereof,

equipment of

office, and said and

said

board

sewer to

commissioners the board of

water

commissioners

hereby

assigned

water

H 3823

sewer

commissioners of this act

established to the

in

this the

act.

Notwithstanding hereof shall

any not

other affect

provision

contrary,

enactment

the validity accrued pursuant

or legality

of any act done, the authority of the acts

any liability of the board of 1963 or

incurred, of water the

or any right commissioners of sewer

or established to chapter pursuant 8. This

under 261

board

commissioners SECTION

to chapter act shall

403 of the acts of 1908. effect upon its passage.

take

House

of Representatives,

April

d- ,

2014.

Acting Passed to be enacted, Speaker.

Passed

to be enacted,

, President.

v
at

Jr!.
o'clock

,"H
and O-r-minutes,

Approved,

if;

0~.;;;;:;:I
M.