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Z,OIIISON, COSTELLO, CONDON&PFAFF,LIP <br /> ATTORNEY.AT LAW' <br /> 101 SUMMER STREET <br /> BOSTON,MASSACAUSETTS 02110 <br /> DOUC:LA.I.LovxsoN' TELEPIIO VL+',(617)439-0305 J.—CAayso MOf,- <br /> PATRIC2C J.COSTELLO FACSIMILE:(617)439.0325 JOSEPH A.PAao S. <br /> D—O E.Con- OX www.lceplaw.00m <br /> BRAO—E N.L—., •A— xN MA— <br /> STEPHEN C.PFAFF <br /> RE.—M.R-- <br /> January 10,2013 <br /> Board of Selectmen Board of Sewer Commissioners <br /> Masbpee Town Hall Mashpee Town Hall <br /> 16 Great Neck Road 16 Great Neck Road <br /> Mashpee,MA 02649 Mashpee,MA 02649 <br /> Re: Assumption of DebtlLiability by the Town of Mashpee for Server System <br /> Operational Matters. <br /> Dear Members of the Board of Selectmen and Sewer Commission: <br /> As you know,the Town Meeting and Board of Selectmen have voted to authorize the <br /> Town to pursue the transfer of municipal sewer functions from the Town of Mashpee to the <br /> Mashpee Water District pursuant to a Special Act to be adopted by the General Court,The Town <br /> if currently engaged in discussions and negotiations with the Water District relative to terms and <br /> conditions for the transfer ofjurisdiction and responsibilities for local sewer operations.We <br /> anticipate that the subject Special Act will be adopted and implemented during calendar year <br /> 2013. <br /> A critical issue noted by counsel for the Water District is the scope and magnitude of <br /> potential debt and other contractual liabilities to be assumed by the Water District upon <br /> implementation of the transfer of sewer duties and responsibilities.I have forwarded <br /> documentation of current outstanding bond liabilities assumed by the Sewer Commission under <br /> the provision of the Massachusetts Water Pollution Abatement Trust.The District has expressed <br /> reservation about its willingness to assume these and any other prospective bond or contractual <br /> liabilities assumed by the Town of Mashpee in conjunction with a jurisdiction transfer. The <br /> Water District cannot be compelled to assume outstanding indebtedness and liabilities incurred <br /> by the Town for sewer related matters,although intergovernmental transfers of jurisdiction and <br /> responsibility for utility operations such as sewer systems do routinely incorporate a provision <br /> whereby such obligations are transferred by legislative mandate. <br /> I read an article recently in the Mashpee Enterprise which indicated that the Sewer <br /> Commission is currently contemplating implementation of nitrogen pollution control and other <br /> long term sewer initiatives. Given the pendency of the Special Legislation petition,the <br /> timeframe within which we envision the proposed transition to occur,and the apparent lack of <br />