Chapter 40N

Section 1. It is hereby declared essential for the benefit of the people of each municipality which accepts this act, in order that there be an increase in their commerce, welfare and prosperity and an improvement in their living conditions, that the municipality establish or con…

Section 10. (a) The commission is hereby authorized and empowered to provide by resolution for the issuance, at one time or from time to time within three years following the acceptance of this chapter, of notes of the commission for the purpose of providing funds for (i) paying …

Section 11. In addition to the notes issued under the provisions of section nine, the commission may provide by resolution for the issuance from time to time of bonds of the commission for any of its corporate purposes or the borrowing of money in anticipation of the issuance of …

Section 12. The principal of, premium, if any, and interest on all bonds issued under the provisions of this chapter, unless otherwise provided herein, shall be payable solely from the funds provided therefor from revenues as herein provided. Bonds of each issue shall be dated, s…

Section 13. The commission may issue refunding bonds for the purpose of paying any of its bonds at maturity or upon acceleration or redemption. Refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the commission deems to be in th…

Section 14. Bonds, notes and other evidences of indebtedness issued or entered into under the provisions of this chapter shall not be deemed to be a debt or a pledge of the faith and credit of the commonwealth or, excepting any note guaranteed by the municipality pursuant to sect…

Section 15. All moneys received pursuant to the provisions of this chapter, whether as proceeds from the issue of bonds or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.

Section 16. Bonds issued under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, co-…

Section 17. Notwithstanding any of the provisions of this chapter or any recitals in any bonds issued under this chapter, all such bonds shall be deemed to be investment securities under chapter one hundred and six.

Section 18. Bonds may be issued under this chapter without obtaining the consent of any department, division, commission, board, bureau or agency of the commonwealth or the municipality, and without any other proceedings or the happening of any other conditions or things than tho…

Section 19. The commission and all its revenues, income and real and personal property shall be exempt from taxation and from betterments and special assessments and the commission shall not be required to pay any tax, excise or assessment to or for the commonwealth or any of its…

Section 2. This chapter shall be known and may be cited as the Model Water and Sewer Reorganization Act.

Section 20. The commission shall at all times keep full and accurate accounts of its receipts, expenditures, disbursements, assets and liabilities, which shall be open to inspection by any officer or duly appointed agent of the commonwealth or the municipality. The commission sha…

Section 21. Upon termination or dissolution of the commission, the title to all funds and other properties owned by it which remain after payment of all bonds and other obligations of the commission shall vest in the municipality. Notwithstanding the foregoing, if the commission …

Section 22. Except as otherwise provided herein, upon title to the water works system and the sewer works system becoming vested in the commission under the provisions of section five, any provisions of any special law and part of any special law and all ordinances and parts of o…

Section 23. The provisions of this chapter shall be deemed to provide an exclusive, additional, alternative and complete method for the doing of the things authorized hereby and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers c…

Section 24. This chapter, being necessary for the welfare of the municipality and its inhabitants, shall be liberally construed to effect the purposes hereof.

Section 25. Municipalities may join together to form a regional water and sewer district commission in the following manner: (a) Any town by vote in town meeting duly called therefore or city by a vote of the city council and approved by the mayor, except in Plan D and Plan E cit…

Section 26. This chapter shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements whether or not such steps are r…

Section 27. This chapter may be accepted, in a city or town in the manner provided in section 4 of chapter 4, and in the case of an existing water and sewer commission established as an independent body politic and corporate pursuant to a special law, by its board of commissioner…

Section 3. As used in this chapter the following words shall, unless the context otherwise requires, have the following meanings:— ''Bonds'' or ''Bond'', bonds, notes and other obligations or evidences of indebtedness of the commission issued under the provisions of this chapter.…

Section 4. In any city or town which accepts the provisions of this chapter, there is hereby created a body politic and corporate and political subdivision of the commonwealth to be known as the water and sewer commission of the municipality. The commission is hereby constituted …

Section 5. The commission may appoint, employ and determine the compensation, duties and conditions of employment of an executive director and such other officers as the commission shall deem necessary, who shall not be members of the commission and who shall serve at the pleasur…

Section 6. On the date of the issuance of the notes of the commission authorized pursuant to section nine, title to the water works system and the sewer works system shall be vested in the commission and the possession of the water works system and the sewer works system shall be…

Section 7. (a) Twelve months after the acceptance of this chapter, or such earlier date not prior to six months after said acceptance, as the commission shall determine, the employees of the municipality whose work is primarily related to the water works system or the sewer works…

Section 8. The commission shall have all the rights and powers necessary or convenient to carry out and effectuate this chapter, including, but without limiting the generality of the foregoing, the rights and powers: (a) to adopt by-laws for the regulation of its affairs and the …

Section 9. In addition to the powers of the commission otherwise provided herein, the commission shall have the following powers and shall be subject to the following limitations: (a) The commission is authorized and empowered to fix, revise, charge, collect and abate fees, rates…