Chap. 0150 An Act to supply the village of millers falls with water.

Be it enacted, etc., as follows:
Section 1. The inhabitants of the village of Millers Falls in the county of Franklin, liable to taxation in the town of Montague and residing within the territory enclosed by the following boundary lines, to wit:-Beginning at the point where the Fitchburg railroad crosses the
line of the New London and Northern railroad, thence by a line bearing north thirty-four degrees east to a point in the Wendell road two hundred feet easterly from the house of Joseph Harrison; thence in a straight line bearing north thirty-three degrees twenty minutes west to the Millers river; thence by said Millers river, down stream, to the bridge at the crossing of the county road leading from Montague to Northfield; thence by said county road southwesterly to the road leading from Millers Falls to Turners Falls; thence by a straight line to the point of beginning, - shall constitute a water district, and are made a body corporate, by the name of the Millers Falls Water Supply District, for the purpose of suppling themselves with water for the extinguishment of tires and for domestic and other purposes, with power to establish fountains and hydrants and relocate or discontinue the same, and to take and hold property, lands, rights of way and easements, by purchase or otherwise, for the purposes mentioned in this act, and to prosecute and defend in all actions relating to the property and affairs of the district.
Section 2. Said water supply district, for the purpose aforesaid, may take by purchase or otherwise and hold the waters of Lyon's brook and any or all of its tributaries in the towns of Montague and Wendell, and the waters of any springs or other sources on the watershed of said brook, with the water rights connected therewith. Said district may also take by purchase or otherwise and hold all lands, rights of way and easements in the towns of Montague and Wendell necessary for taking, holding, preserving and improving such waters and conveying the same to and through any and all parts of said Millers Falls Water Supply District, and said district may erect and construct on the lands thus taken or held proper dams, buildings, fixtures and other structures, and such other things as may be necessary for providing and maintaining complete and efficient water works; and for that purpose may construct, lay down and maintain aqueducts, conduits, pipes and other works, under or over any lands, water courses, roads, railroads or other ways, and •along any street, highway or other way in the towns of Montague or Wendell, in such manner as when completed shall not unnecessarily obstruct the same ; and for the purpose of constructing, laying down, maintaining and repairing such aqueducts, conduits, pipes and other works, and for all
other purposes of this act, said water supply district may dig up, raise and embank an}r such lands, highways or other ways, in such manner as to cause the least hindrance to public travel; but all things done upon any street, road or highway shall be subject to the direction of the selectmen of the town in which such street, road or highway is situated.
Section 3. Said water supply district, for the purpose aforesaid, may contract with the Turners Falls Fire District for a supply of water for the purposes herein named, on such terms and conditions as may be agreed upon by said Turners Falls Fire District and said water supply district, and said Turners Falls Fire District may furnish such supply of water from the Turners Falls water works : provided, hoioever, that nothing contained herein shall be construed to compel said tire district to furnish said water. Said water suppl}r district may construct such reservoirs and standpipes, construct, lay down and maintain such aqueducts, conduits, pipes or other works, under or over any lands, water courses, roads, railroads or other ways, and in any street, highway or other way within the limits of said district, as may be necessary for the storing and distributing of such water; and for the purpose of constructing, laying down, maintaining and repairing such aqueducts, conduits, pipes and other works, and for all other necessary purposes of this act, said district may dig up, raise and embank any such lands, highways or other ways, in such manner as to cause the least hindrance to public travel; but all things done upon any street, road or highway shall be subject to the direction of the selectmen of the town of Montague.
Section 4. Said Millers Falls Water Supply District shall, within ninety days after the taking of any lands, rights of way or easements as aforesaid, otherwise than by purchase, tile aud cause to be recorded in the registry of deeds for the county of Franklin a description thereof sufficiently accurate for identification, with a statement of the purpose for which the same were taken, signed by the water commissioners hereinafter provided for.
Section 5. Said Millers Falls Water Supply District shall be liable to pay all damages sustained by any person or corporation in property by the taking of any water, water source, water rights, lands, rights of way or easements, or by the construction of any reservoir, standpipe
or other works for the purposes aforesaid, or by any other thing done by said district under the authority of this act. Any person or corporation sustaining damages as aforesaid under this act, and failing to agree with said district as to the amount of damages, may have them assessed and determined in the manner provided where land is taken for highways, by making a written application therefor within one year after the taking of such land or other property or the doing of other injury under the authority of this act, but no such application shall be made after the expiration of said year.
Section 6. For the purpose of paying all expenses and liabilities incurred under the provisions of this act said district may issue bonds, notes or certificates of debt from time to time, signed by the treasurer of the water supply district and countersigned by the chairman of the water commissioners hereinafter provided for, to be denominated on the face thereof, Millers Falls Water Supply District Loan, to an amount not exceeding twenty thousand dollars, payable at periods not exceeding thirty years from the date of issue, and bearing interest payable semiannually at a rate not exceeding six per cent, per annum. And said district may sell said securities at public or private sale, at not less than par, or pledge the same for money borrowed for the purposes of this act, upon such terms and conditions as it may deem proper. Said district shall pay the interest upon said loan as it accrues, and shall provide for the payment of said principal at maturity by establishing at the time of contracting said debt a sinking fund, or from year to year by such proportionate payments as will extinguish the same within the time prescribed by this act. If said district shall decide to establish a sinking fund it shall contribute thereto annually a sum sufficient with its accumulations to pay the principal of said loan at maturity; and said sinking fund shall remain inviolate and pledged to the payment of said debt and shall be used for no other purpose. If said district shall decide to pay the principal of said loan by instalments such amounts as may be necessary to make such payments shall without further vote of said district be raised annually by taxation, in the same way as money is raised for town expenses.
Section 7. Said district shall raise by taxation annually a sum which with the income derived from the sale
of water shall be sufficient to pay the current annual expenses of operating its water works and the interest accruing on the bonds issued by said district, together with such payments on the principal as may be required under the provisions of this act. Said district is further authorized, by a two thirds vote of the voters of said district present and voting at a legal meeting called for the purpose, to raise by taxation any sum of money for the purpose of enlarging or extending its water works and providing additional pipes, appliances and fixtures connected therewith, not exceeding two thousand dollars in any one year.
Section 8. Whenever a tax is duly voted by said district for the purposes of this act the clerk shall render a certified copy of the vote to the assessors of the town of Montague, who shall proceed within thirty days to assess the same in the same manner in all respects as 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 same manner as is provided for the collection of town taxes, and shall deposit the proceeds thereof with the district treasurer for the use and benefit of said district. Said district may collect interest on taxes when overdue in the same manner as interest is authorized to be collected on town taxes: provided, said district at the time of voting to raise the tax shall so determine and shall also fix a time for payment thereof.
Section 9. Said district may make such contracts with individuals, corporations and the town of Montague for supplying water as may be agreed upon, and may fix and collect water rates for the use of such water; and said district may discontinue or shut off the water for the non-payment of such rates and for violation of the terms of any contract or agreement which may be made with individuals, corporations and the said town by said district.
Section 10. The first meeting of said district shall be called on petition of ten or more legal voters therein, by a warrant from the selectmen of the town of Montague, 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 said warrant in two or more public places in said district seven days at least before the time of said meeting, and by publishing such notice thereof as
the warrant may require, in any newspaper published in said town. One of the selectmen shall preside at the meeting until a clerk is chosen and sworn. After the choice of a moderator for said meeting the question of the acceptance of this act shall be submitted to the voters, and if it shall be accepted by a two thirds vote of the voters present and voting thereon it shall go into effect, and the meeting may then proceed to act on the other articles contained in the warrant.
Section 11. Said Millers Falls Water Supply District shall, after its acceptance of this act at a legal meeting called for the purpose, elect by ballot 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 next succeeding annual meeting, to constitute a board of water commissioners, and at each annual meeting thereafter one such commissioner shall be elected by ballot for the term of three years. All the authority granted to said district by this act 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 said district may impose by its vote. Said commissioners shall be trustees of the sinking fund herein provided for and a majority of said commissioners shall constitute a quorum for the transaction of business relative both to the water works and to the sinking fund. Any vacancy occurring in said board from any cause may be filled for the remainder of the unexpired term by said water supply district at any legal meeting called for the purpose. No money shall be drawn from the district treasury on account of said water works except by a written order of said commissioners or a majority of them. Said commissioners shall annually make a full report to said district in writing of their doings and expenditures.
Section 12. Said district ma}T adopt by-laws prescribing by whom and how meetings may be called and notified, but meetings may also be called on application of ten or more legal voters in said district, by warrant as provided in section ten. Said district may also provide rules and regulations for the management of its water works, not inconsistent with this actT or the laws of this Commonwealth, and may choose such other officers not provided for in this act as it may deem proper and necessary.
Section 13. Whoever wilfully or wantonly corrupts, pollutes or diverts any of the water obtained or supplied under this act, or wilfully or wantonly injures any reservoir, standpipe, aqueduct, pipe or other property owned or used by said district for the purposes of this act, shall forfeit and pay to said district three times the amount of damages assessed therefor, to be recovered in an action of tort, and upon conviction of either of the above acts shall be punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding six months.
Section 14. This act shall take effect upon its passage, but shall become void unless accepted by a two thirds vote of the voters of said district present and voting thereon at any legal district meeting called for the purpose within three years from its passage.   Approved March IS, 1S96.