Date Accepted
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Reference
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Subject Matter
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---|---|---|
2-1-1926
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MGL C. 45, §§ 1 through 9
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Park Commissioners
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2-17-1947
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MGL C. § 4B
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Operation of bowling alleys on Sunday
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2-21-1949
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Ch. 595, § 97a, of the Acts of 1948
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2-15-1954
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MGL C. 85, § 11A
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3-12-1957
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Ch. 401, Acts of 1956
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Civil defense volunteers classified as town employees
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3-9-1959
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MGL C. 40, § 6B
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Police and Fire Department uniform appropriation
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3-9-1959
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MGL C. 136, §§ 7 and 8
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Certain sales on the Lord's day
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3-9-1959
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MGL C. 139, §§ 1, 2 and 3
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Burned buildings
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3-15-1960
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MGL C. 40, § 8C
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Conservation Commission established
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3-13-1961
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Ch. 647, Acts of 1960
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Increase pension of certain former employees
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3-13-1961
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Ch. 2, Acts of 1961
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Public information booth
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3-11-1963
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MGL C. 40, §§ 42A through 42F
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3-10-1969
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MGL C. 90, § 20C
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Parking violations
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3-10-1969
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MGL C. 121, § 26K
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Housing Authority established
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5-21-1970
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MGL C. 140, §§ 188, 189 and 190
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8-25-1975
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MGL C. 40, § 8G
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Police mutual aid
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5-3-1976
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Ch. 586, Acts of 1975
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Payment of public employees by direct bank credits
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5-2-1977
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MGL C. §§ 40, 6J, 6K and 6L
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5-7-1979
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MGL C. § 40, 13
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Municipal insurance funds
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10-1-1979
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MGL C. 148, § 26C
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Smoke or heat detectors
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5-4-1981
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Ch. 71, Acts of 1976
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Information booth
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9-10-1981
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MGL C. 71, § 71E
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9-10-1981
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MGL C. 90, § 20A1/2
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Parking violations
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5-3-1982
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MGL C. 32B, § 7A
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Contributory employee group life and health insurance
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5-7-1984
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Ch. 597, Acts of 1982
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Motor vehicle excise tax for former POW's
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5-7-1984
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MGL C. 40, § 22D
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Police authorized to tow certain cars
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5-7-1984
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MGL C. 59, § 5, Clause 17C
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5-9-1985
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MGL C. 40, §§ 42A and 42F
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Lien for unpaid water/sewer charges
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5-9-1985
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MGL C. 138, §§ 17a and 17b
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Alcoholic beverage licenses
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10-22-1985
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MGL C. 41, § 41B
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Public employee payment by direct bank credits
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10-24-1985
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MGL C. 138, § 17C
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Alcoholic beverage licenses
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10-15-1986
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MGL C. 64G, § 3A
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Local room occupancy excise
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10-15-1986
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MGL C. 80, § 13B
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Payment of assessments
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5-7-1987
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MGL C. 32B, § 7A
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Contributory employee group health and life insurance
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6-22-1989
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MGL C. 40, § 57
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Failure to pay municipal charges
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5-8-1990
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MGL C. 653, § 40
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Assessment date changes for new growth
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5-7-2018
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MGL C. 44, § 53D
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Establishment of Parks and Recreation Revolving Fund
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HOUSE BILL NO. 2593
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In the Year One Thousand Nine Hundred and Fifty-Three.
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AN ACT AUTHORIZING THE TOWN OF ORLEANS TO
SUPPLY ITSELF AND ITS INHABITANTS WITH WATER
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Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same, as follows:
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SECTION 1. The town of Orleans may supply itself and its inhabitants
with water for the extinguishment of fires and for domestic and other
purposes; may establish fountains and hydrants, relocate or discontinue
the same, and may regulate the use of such water and fix and collect
rates to be paid for the use of the same.
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SECTION 2. For the purposes aforesaid, said town, acting by
and through its board of water commissioners hereinafter provided
for, may contract with any other municipality, acting through its
water department, or with any water company, or with any water district,
for whatever water may be required, authority to furnish the same
being hereby granted, and may take by eminent domain under chapter
seventy-nine of the General Laws, or acquire by lease, purchase, gift,
devise or otherwise, and hold, the waters, or any portion thereof,
of any pond, brook, spring or stream or of any groundwater sources,
by means of driven, artesian or other wells or filter galleries, within
the limits of said town, not already appropriated for purposes of
public water supply, and the water rights connected with any such
water sources; and also for said purposes may take by eminent domain
under said chapter seventy-nine, or acquire by lease, purchase, gift,
devise or otherwise, and hold, all lands, rights of way and other
easements necessary for collecting, storing, holding, purifying and
treating such water and protecting and preserving the purity thereof
and for conveying the same to any part of said town; provided that
no source of water supply and no lands necessary for protecting and
preserving the purity of the water shall be taken or used without
first obtaining the advice and approval of the department of public
health, and that the location and arrangement of all dams, reservoirs,
wells or filter galleries, filtration and pumping plants or other
works necessary in carrying out the provisions of this act shall be
subject to the approval of said department; and for said purposes
said town may acquire by lease, purchase, gift, bequest or otherwise
any appliances, works, tools, machinery and other equipment that may
be necessary or expedient in carrying out the provisions of this act.
Said town may construct and maintain on the lands acquired and held
under this act proper dams, wells, reservoirs, pumping and filtration
plants, buildings, standpipes, tanks, fixtures and other structures,
including also purification and treatment works, the construction
and maintenance of which shall be subject to the approval of said
department of public health, and may make excavations, procure and
operate machinery, and provide such other means and appliances and
do such other things as may be necessary for the establishment and
maintenance of complete and effective waterworks; and for that purpose
may construct, lay and maintain aqueducts, conduits, pipes and other
works, under or over any lands, watercourses, railroads, railways
and public or other ways, and along any such way in said town in such
manner as not unnecessarily to obstruct the same; and for the purposes
of constructing, laying, maintaining, operating and repairing such
conduits, pipes and other works, and for all other proper purposes
of this act, said town may dig up or raise and embank any such lands,
highways or other ways in such manner as to cause the least hindrance
to public travel thereon; provided that all things done upon any such
way shall be subject to the direction of the selectmen of said town.
Said town shall not enter upon, construct or lay any conduits, pipes
or other works within the location of any railroad corporation except
at such time and in such manner as it may agree upon with such corporation,
or, in case of failure so to agree, as may be approved by the department
of public utilities. Said town may enter upon any lands for the purpose
of making surveys, test pits and borings, and may take or otherwise
acquire the right to occupy temporarily any lands necessary for the
construction of any works or for any other purpose authorized by this
act.
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SECTION 3. The land, water rights and other property taken or
acquired under this act, and all works, buildings and other structures
erected or constructed thereunder, shall be managed, improved and
controlled by the board of water commissioners hereinafter provided
for in such manner as they shall deem for the best interest of the
town.
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SECTION 4. Any person or corporation injured in his or its property
by any action of said town or board under this act may recover damages
from the town under said chapter seventy-nine; provided that the right
to damages for the taking of any water, water source or water right,
or any injury thereto, shall not vest until the water is actually
withdrawn or diverted by said town under authority of this act.
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SECTION 5. Said town may, for the purpose of paying the necessary
expenses and liabilities incurred or to be incurred under the provisions
of this act, other than expenses of maintenance and operation, issue
from time to time bonds or notes to an amount, not exceeding, in the
aggregate, one million three hundred thousand dollars, which shall
bear on their face the words, Town of Orleans Water Loan, Act of 1953.
Each authorized issue shall constitute a separate loan, and such loans
shall be payable in not more than thirty years from their dates. Indebtedness
incurred under the provisions of this act shall be outside the debt
limit as fixed for water supply loans by chapter forty-four of the
General Laws, but otherwise shall be subject to the applicable provisions
of said chapter.
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SECTION 6. Said town shall, at the time of authorizing said
loan or loans, provide for the payment thereof in accordance with
the provisions of section five; and when a vote to that effect has
been passed, a sum which, with the income derived from the water rates,
will be sufficient to pay the annual expense of operating its waterworks
or the purchasing of water and the maintenance of its pipelines, as
the case may be, and the interest as it accrues on the bonds or notes
issued as aforesaid, and to make such payments on the principal as
may be required under the provisions of this act, shall without further
vote be assessed by the assessors of said town annually thereafter
in the same manner as other taxes, until the debt incurred by the
said loan or loans is extinguished.
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SECTION 7. Whoever wilfully or wantonly corrupts, pollutes or
diverts any of the waters taken or held under this act, or injures
any structure, work or other property owned, held or used by said
town under the authority and for the purposes of this act, shall forfeit
and pay to said town three times the amount of damages assessed therefor,
to be recovered in an action of tort; and upon conviction of any one
of the above willful or wanton acts shall be punished by a fine of
not more than three hundred dollars or by imprisonment for not more
than one year, or both.
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SECTION 8. Said town shall, after its acceptance of this act,
at the same meeting at which the act is accepted, or at a meeting
thereafter called for the purpose, and without necessity, in either
case, of a prior caucus for the nomination of candidates, 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 town meeting, to constitute
a board of water commissioners; and at the annual town meeting held
on the day on which the shortest of such terms expires, and at each
annual town meeting thereafter, one such commissioner shall be elected
by ballot for the term of three years. All the authority granted to
the town by this act, except sections five and six, and not otherwise
specially provided for, shall be vested in said board of water commissioners,
who shall be subject, however, to such instructions, rules and regulations
as said town may impose by its vote. A majority of said commissioners
shall constitute a quorum for the transaction of business. After the
election of a board of water commissioners under authority of this
section, any vacancy occurring in said board from any cause may be
filled for the remainder of the unexpired term by said town at any
legal town meeting called for the purpose. Any such vacancy may be
filled temporarily in the manner provided by section eleven of chapter
forty-one of the General Laws, and the person so appointed shall perform
the duties of the office until the next annual meeting of said town
or until another person is qualified.
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SECTION 9. Said commissioners shall fix just, and equitable
prices and rates for the use of water, and shall prescribe the time
and manner of payment. The income of the waterworks shall be appropriated
by vote of said town to defray all operating expenses, interest charges
and payments on the principal as they accrue upon any bonds or notes
issued under authority of this act. If there should be a net surplus
remaining after providing for the aforesaid charges, it may be appropriated
for such new construction as the water commissioners, with the approval
of the town, may determine upon, and in case a surplus should remain
after payment for such new construction the water rates shall be reduced
proportionately. All authority vested in said commissioners by the
foregoing provisions of this section and by section three shall be
subject to the provisions of section eight. Said commissioners shall
annually, and as often as the town may require, render a report upon
the condition of the works under their charge, and an account of their
doings, including an account of the receipts and expenditures.
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SECTION 10. This act shall take effect upon its acceptance by
a majority of the voters of the town of Orleans present and voting
thereon at a town meeting called for the purpose within four years
after its passage, but the number of meetings so called in any year
shall not exceed three.
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ORLEANS, BREWSTER AND EASTHAM GROUND
WATER PROTECTION DISTRICT
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At the Special Town Meeting held October 24, 1988, the Town
adopted Article 12 to read as follows:
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"ARTICLE 12. To see if the Town will vote to authorize and instruct
the Board of Selectmen to petition the Great and General Court for
the enactment of the following Special Act creating an Orleans, Brewster,
and Eastham Ground Water Protection District, and to amend the Intermunicipal
Agreement between the Towns of Orleans, Brewster and Eastham for the
Construction, Management and Operation of a Septage Treatment Facility
dated May 30, 1985 in accordance with said Special Act"[1]
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