CHAPTER 100

An Act Establishing the Sudbury Water District of Sudbury

Be it enacted, etc., as follows:

Section 1.

The inhabitants of the town of Sudbury, liable to taxation in said town and residing within the territory comprised within the following boundary lines, to wit: Beginning at a point in the center line of Old Concord Road directly opposite the southerly property line of land owned by George H. Thompson; thence westerly along the southerly property line of said George H. Thompson to an angle point in said southerly property line; thence southerly along the property line of George H. Thompson to an angle point; thence westerly along the southerly property line of George H. Thompson to the center line of the right of way of the New York, New Haven and Hartford railroad; thence southerly along the center line of the right of way of the New York, New Haven and Hartford railroad to the center line of Morse Road; thence southwesterly in a straight line across Maynard Road to a point in the center line of Hudson Road directly opposite the westerly property line of land owned by Stephen M. W, Gray; thence southerly in a straight line across Peakham Road and across the right of way of the Boston and Maine railroad to the point of intersection of the center lines of the Boston Post Road and Dudley Road; thence easterly along the center line of the Boston Post Road to the point of intersection of said center line with the center line of the right of way of the New York, New Haven and Hartford railroad; thence southerly along the center line of the right of way of the New York, New Haven and Hartford railroad fifteen hundred feet; thence easterly in a straight line across Raymond Road and across the right of way of the Boston and Maine railroad to the easterly intersection of the center line of King Phillip Road and the center line of the Boston Post Road; thence northwesterly along the center line of King Phillip Road to a point directly opposite the westerly property line of land owned by Joseph Keene; thence northeasterly along the westerly property line of land owned by Joseph Keene to the northwest corner of said land owned by said Joseph Keene; thence northeasterly in a straight line to a point in the center line of Old Sudbury Road directly opposite the easterly property line of land owned by Harvey N. Fairbank; thence northwesterly in a straight line to the point of beginning, – shall constitute a fire and water district, and are hereby made a body corporate by the name of the Sudbury Water District of Sudbury, hereinafter called the District, for the purpose of supplying themselves with water for the extinguishments of fires and for domestic and other purposes, with power to establish fountains and hydrants and to relocate and discontinue the same, to regulate the use of such water and to fix and collect rates to be paid therefore, and for the purpose of assessing and raising taxes as provided herein for the payment of such services and for defraying the necessary expenses of carrying on the business of said district, subject to all general laws now or hereafter in force relating to such districts, except as otherwise provided herein. The district shall have power to prosecute and defend all actions relating to its property and affairs.

Section 2.

For the purposes aforesaid, the district, acting by and through its board of water commissioners, hereinafter provided for, may contract with any municipality, acting through its water department, or with any water company, or with any water district, for whatever water may be required, authority to furnish the same being hereby granted, and/or may take by eminent domain under chapter seventy-nine of the General Laws, or acquire by lease, purchase or otherwise, and hold, the waters, or any portion thereof, of any pond, spring or stream, or of any ground sources of supply by means of driven, artesian or other wells, within the Town of Sudbury, and the water rights connected with any such water sources; and for said purposes may take as aforesaid, or acquire by purchase or otherwise, and hold, all lands, rights of way and other easements necessary for collecting, storing, holding, purifying and preserving the purity of the water and for conveying the same to any part of said District; provided that no source of water supply or lands necessary for preserving the quality of the water shall be so taken or used without first obtaining the advice and approval of the department of public health, and that the location and arrangement of all dams, reservoirs, wells, pumping and filtration plants and such other works as may be necessary in carrying out the provisions of this act shall be subject to the approval of said department. Said District may construct and maintain on the lands acquired and held under this act proper dams, wells, reservoirs, standpipes, tanks, pumping plants, buildings, fixtures and other structures, including also the establishment and maintenance of filter beds and purification works or systems, and may make excavations, procure and operate machinery and provide such other means an appliances, and do such other things as may be necessary for the establishment and maintenance of complete and effective water works; and for that purpose may construct, lay and maintain aqueducts, conduits, pipes and other works under or over any land, water courses, railroads, railways and public or other ways, and along such ways, for the purposes of constructing, laying, maintaining, operating and repairing such conduits, pipes and other works, and for all proper purposes of this act, the District may dig up or raise and embank any such lands, highways or other ways in such manner as to cause the least hindrance to public travel on such ways; provided, that all things done upon any such way shall be subject to the direction of the selectmen of the Town of Sudbury. Said District shall not enter upon, construct or lay any conduit, pipe or other works within the location of any railroad corporation except at such time and in such manner as it may agree upon with such corporation, or, in case of failure so to agree, as may be approved by the department of public utilities.

Section 3.

Any person sustaining damages in his property by any taking under this act or any other thing done under authority thereof may recover such damages from the district under said chapter seventy-nine; but the right to damages for the taking of any water, water right or water source, of for any injury thereto, shall not vest until water is actually withdrawn or diverted under authority of this act.

Section 4.

For the purpose of paying the necessary expenses and liabilities incurred under the provisions of this act, other than expenses of maintenance and operation, the district may borrow from time to time such sums as may be necessary, not exceeding, in the aggregate, one hundred fifteen thousand dollars and may issue bonds or notes therefore, which shall bear on their face the words, Sudbury Water District Loan, Act of 1934. Each authorized issue shall constitute a separate loan, and such loans shall be payable in not more than thirty years from their dates. Indebtedness incurred under this act shall be subject to chapter forty-four of the General Laws.

Section 5.

The district shall, at the time of authorizing said loan or loans, provide for the payment thereof in accordance with section four of this at; and when a vote to that effect has been passed, a sum which, with the income derived from water rates, will be sufficient to pay the annual expense of operating its water works and the interest as it accrues on the bonds or notes issued as aforesaid by the district, and to make such payments on the principal as may be required under the provisions of this act, shall without further vote be assessed upon the district by the assessors of said town of Sudbury annually thereafter until the debt incurred by said loan or loans is extinguished.

Section 6.

Any land taken or acquired under this act shall be managed, improved and controlled by the board of water commissioners hereinafter provided for, in such manner as they shall deem for the best interest of the district. All authority vested in said commissioners by this section shall be subject to the provisions of section nine.

Section 7.

Whenever a tax is duly voted by the district for the purposes of this act, the clerk shall send a certified copy of the vote to the assessors of said town, who shall assess the same on property within the district in the same manner in all respects in which town taxes are required by law to be assessed. The assessment shall be committed to the town collector, who shall collect said tax in the manner, provided by law for the collation of town taxes, and shall deposit the proceeds thereof with the district treasurer for the use and benefit of the district. The district may collect interest on overdue taxes in the manner in which interest is authorized to be collected on town taxes.

Section 8.

The first meeting of the voters of the territory included within the district by section one of this act shall be called, on petition of ten or more legal voters therein, by a warrant from the selectmen of said town, or from a justice of the peace, directed to one of the petitioners, requiring him to give notice of the meeting by posting copies of the warrant in two or more public places in the district seven days at least before the time of the meeting. Such a clerk is chosen and sworn, and the clerk shall preside until a moderator is chosen. After the choice of a moderator for the meeting the question of the acceptance of this act shall be submitted to the voters, and if it is accepted by a majority of the voters present and voting thereon it shall take effect, and the meeting may then proceed to act on the other articles in the warrant.

Section 9.

The district shall elect by ballot, either at the same meeting at which this act is accepted or at a later meeting called for the purpose, three persons to hold office, one until the expiration of three years, one until the expiration of two years, and one until the expiration of one year, from the day of the next succeeding annual district meeting, to constitute a board of water commissioners; and at every annual meeting thereafter one such commissioner shall be elected by ballot for the term of three years. All the authority granted to the district by this act, except sections four and five, and not otherwise specifically provided for, shall be vested in said board of water commissioners, who shall be subject, however, to such instructions, rules and regulations as the district may by vote impose. At the meeting at which said commissioners are first elected and at each annual district meeting, the district shall elect by ballot a treasurer of the district, who shall be other than a commissioner, and who shall and with a surety company authorized to transact business in the commonwealth as surety. A majority of the commissioners shall constitute a quorum for the transaction of business. Any vacancy occurring in said board from any cause may be filled for the remainder of the unexpired term by the district at any legal meeting called for the purpose. No money shall be drawn from the treasury of the district on account of the water works except upon a written order of said commissioners or a majority of them.

Section 10.

Said commissioners shall fix just and equitable prices and rates for the use of water, and shall prescribe the time and manner of payment. The income of the water works shall be appropriated to defray all operating expenses, interest charges and payments on the principal as they shall accrue upon any bonds or notes issued under authority of this act. If there should be a net surplus remaining after providing for the aforesaid charges, it may be appropriated for such new construction as said commissioners may recommend, and in case a surplus should remain after payment for such new construction the water rates shall be reduced proportionately. Said commissioners shall annually, and as often as the district may require, render a report upon the condition of the works under their charge, and an account of their doings, including an account of receipts and expenditures.

Section 11.

The district may adopt by-laws prescribing by whom and how meetings may be called, notified, and conducted; and, upon the application of ten or more legal voters in the district, meetings may also be called by warrant as provided in section eight. The district may also establish rules and regulations for the management of its water works, not inconsistent with this act or any other provision of law, and may choose such other officers not provided for in this act as it may deem necessary or proper. The district shall have all the rights and privileges conferred by law upon water districts and fire districts, so far as applicable.

Section 12.

Whoever willfully or wantonly corrupts, pollutes or diverts any water obtained or supplied under this act, or willfully or wantonly injures any reservoir, well, standpipe, aqueduct, pipe or other property owned or used by the district for any of the purposes of this act, shall forfeit and pay to the district three times the amount of damages assessed therefore, to be recovered in an action of tort, and upon conviction of any of the above willful or wanton acts shall be punished by a fine of not more than one hundred dollars or by imprisonment in jail for not more than six months.

Section 13.

Upon a petition in writing addressed to said commissioners requesting that certain real estate accurately described therein, located in said town and abutting on said district be included within the limits thereof, and signed by the owners of such real estate, or a major portion thereof, said commissioners shall cause a duly warned meeting of the district to be called, at which meeting the voters may vote on the question of including said real estate within the district. If a majority of the voters present and voting thereon vote in the affirmative the district clerk shall within ten days file with the town clerk of said town and with the state secretary an attested copy of said petition and vote; and thereupon said real estate shall become and be part of the district and shall be holden under this act in the same manner and to the same extent as the real estate described in section one.

Section 14.

This act shall take full effect upon its acceptance by a majority vote of the voters of the district present and voting thereon at a district meeting called, in accordance with the provisions of section eight, within three years after its passage; but the number of meetings so called in any one year shall not exceed three.

Approved March 19, 1934

CHAPTER 1

An Act Validating Certain Acts and Proceedings of the Sudbury Water District of Sudbury

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 organization, the election of officers and all other acts, proceedings and votes of the Sudbury Water District of Sudbury, established under chapter one hundred of the acts of nineteen hundred and thirty-four, at its first meeting held April twenty-fifth in the year nineteen hundred and thirty-four and at the adjourned session of said first meeting held May second in said year, and the election of officers and all other acts, proceedings and votes of said district at its annual meeting held September twenty-fifth in the year nineteen hundred and thirty-five, in so far as said organization, meetings, elections, acts, proceedings and votes, or any of them, may have been invalid by reason of any failure legally to petition or apply for, to call and to give notice of said meetings, or any of them, are hereby validated and confirmed.

Section 2.

This act shall take effect upon its passage.

Approved January 13, 1936