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S� <br /> • Cp of 41 <br /> jZISh� P <br /> c <br /> P. a. sox 1108 <br /> MASHPEE. MA 02649 <br /> Finance <br /> Committee <br /> MEMORANDUM <br /> TO: Board of Selectmen <br /> FROM: Carl Heller <br /> Chairman <br /> DATE: September 25 , 1987 <br /> RE: Response of Mashpee Town Counsel, Joseph J . Reardon, to <br /> William Jones, Chairman, Board of Water Commissioners, <br /> Town of Mashpee, regarding Tri-Town Circle and Asher' s Path <br /> As a Committee having reviewed Mr. Reardon' s letter of September • <br /> 21, 1987 , addressed to William Jones , we find several areas of <br /> concern. <br /> The first being that the town of Mashpee has entered into <br /> water contracts with the town of Falmouth and with Highwood Water <br /> Company, both of which require the replacement of the quantity <br /> of water used during the duration of this contract to be replaced <br /> on or before the conclusion of the contract. If in fact, the <br /> Water District does not assume the responsibility of fulfilling <br /> the contract, this places the town of Mashpee in a legal position <br /> that it must replace the quantity 'of water used. However, as we <br /> understand the content of this letter, this is illegal. Therefore, <br /> we do not feel that these agreements should proceed any further <br /> where there is obligation for the town to replace the water. It <br /> is the Finance Committee ' s judgement that this issue can not be <br /> resolved until the Water District accepts the responsibilities <br /> of the town of Mashpee under the terms of these contracts. <br /> The second question the Committee has is if. in f.ac.t. the. Mater <br /> District does not accept the conditions of the contracts - is <br /> it legal for the town to purchase water from the Water District <br /> to honor the contractual agreements with the town of Falmouth <br /> and Highwood Water Company: <br /> CH/gm <br /> xc: Finance Committee Members <br />