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meetings and the necessary quorum at any meeting and may adopt such other by-laws as may be appropriate for
<br /> the operation of the district. All district meetings shall be called pursuant to a warrant issued by the board of water
<br /> and sewer commissioners..The procedure for the call of a meeting, publication of the warrant and conduct of the
<br /> meeting shall be in accordance with chapter 39 of the General Laws unless otherwise provided in the district by-
<br /> laws. The by-laws may allow for such other officers not provided for in this act as deemed necessary or proper.
<br /> Section 12. Whoever willfully or wantonly corrupts, pollutes or diverts any water obtained or supplied pursuant to
<br /> this act or whoever willfully or wantonly injures a reservoir, well, standpipe, aqueduct, pipe, treatment works,
<br /> transmission line for water or wastewater or any other property of the district, whether real or personal, shall forfeit
<br /> to the district 3 times the amount of damages assessed therefor, together with reasonable attorneys.fees and costs
<br /> of suit, including expert consultant and expert witness fees, as may be recovered in an action of tort. Whoever
<br /> engages in any such willful or wanton acts shall be punished by a fine of not more than $5,000 or imprisonment in a
<br /> house of correction for not more than 2 and one-half years or both such fine and imprisonment.
<br /> Whoever negligently corrupts, pollutes or diverts any water obtained or supplied pursuant to this act or whoever
<br /> negligently injures a reservoir, well, standpipe, aqueduct, pipe, treatment works, transmission line for water or
<br /> wastewater or any other property of the district, whether real or personal, shall forfeit to the district the amount of
<br /> damages assessed therefor, together with reasonable attorneys fees and costs of suit, including expert consultant
<br /> and expert witness fees, as may be recovered in an action of tort.
<br /> Section 13. The district may, by vote of the board of water and sewer commissioners,join or participate in a
<br /> regional water or sewer commission either by intermunicipal agreement, pursuant to clause (xv) of section 2 by the
<br /> authority granted in section 11 or by any other manner provided by law.
<br /> SECTION 2. At the next annual district election following the effective date of this act, the board of water
<br /> commissioners of the Mashpee water district shall cause to appear.on the ballot the following question:
<br /> "SHALL SECTION 1 OF AN ACT PASSED BY THE GENERAL COURT IN 2014 ENTITLED `AN ACT
<br /> AUTHORIZING THE ESTABLISHMENT OF THE MASHPEE WATER AND SEWER DISTRICT' BE APPROVED?"
<br /> Below the ballot question shall appear a fair and concise summary of the ballot question approved bythe board
<br /> of water commissioners of the Mashpee water district.
<br /> If a majority of the voters of the Mashpee water district vote in the affirmative on the foregoing'question, section I.
<br /> shall take effect and the Mashpee water and sewer district shall be established, but not otherwise, and all prior
<br /> actions taken by the board of water commissioners of the Mashpee water district, Mashpee water district meeting,
<br /> the treasurer of the Mashpee water district and all other officers of the Mashpee water district shall remain in effect
<br /> and be binding on the Mashpee water and sewer district without the necessity of confirmation, ratification or further
<br /> action pursuant to this act.
<br /> Until section I takes effect and until the execution of an intermunicipal agreement authorized in section 5, the
<br /> responsibilities, duties and powers of the town of Mashpee relative to public sewer and wastewater treatment and
<br /> disposal functions within the geographical boundaries of the town of Mashpee shall remain in full force and effect.
<br /> Notwithstanding any general or special law to the contrary, no act of the town of Mashpee prior to the effective
<br /> date of section 1 or the effective date of any intermunicipal agreement.authorized in section 5 shall bind the board of
<br /> water and sewer commissioners of the Mashpee water and sewer district; provided, however, that the board of
<br /> water and sewer commissioners may, in its discretion, agree by vote of a majority of the commissioners to assume
<br /> or undertake any act, contract or liability incurred by the sewer commission of the town of Mashpee or any other
<br /> instrumentality of the town prior to such effective dates.
<br /> SECTION 3. Subsection (d) of section 3-2 of the charter of the town of Mashpee is hereby amended by striking
<br /> out the words ', a sewer commission".
<br /> SECTION 4. Chapter 136 of the acts of 1987 shall not be subject to repeal or amendment through the adoption,
<br /> revision or amendment of the charter of the town of Mashpee.
<br /> SECTION 5. The Mashpee water and sewer district and the town of Mashpee may enter into an intermunicipal
<br /> agreement on such terms and conditions as may be mutually agreed upon,to transfer from the town to the,district all.
<br /> property, permits, licenses, agreements, contracts, lands, wastewater treatment facilities or other tangible or
<br /> intangible property of any kind and nature which are necessary or convenient to transfer all of the town's wastewater
<br /> treatment operations to the Mashpee water and sewer district.
<br /> SECTION 0. Section 1 shall take effect upon its acceptance by the voters of the Mashpee water district.
<br /> SECTION 7. Sections 2 and 4 shall take effect upon their passage.
<br /> SECTION 8. Sections 3 and 5 shall take effect upon the acceptance of section'l by the voters of the Mashpee
<br /> water district.
<br /> Approved, April 18, 2014.
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