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Chapter

COM M 0 N W E A L T H o F MAS SAC H USE T T STHE

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 by the Senate and House of Representatives in General Court

asse~led, 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:-

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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

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sewer commissioners established in this act.

provision of this act to the contrary, the enactment hereof shall not affect

Notwithstanding any other

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.

House of Representatives, April d- , 2014.

Passed to be enacted,

Passed to be enacted,

ActingSpeaker.

, President.

vJr!. ,"HApproved,

at if; o'clock and O-r-minutes, ? M.0~.;;;;:;:I

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