Town of Fairhaven, MA
Bristol County
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Table of Contents
Table of Contents
Chap. 18, Acts of 1806
An Act to authorize the owners of lots of land adjoining on Accushnett River, in the Town of New-Bedford, in the county of Bristol, from Clark's Point, so called, to the head of navigation in said river, to build and extend wharves beyond low water mark in said river.
SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the owners and proprietors of lots of land adjoining Accushnett River, in the Town of New-Bedford, in the county of Bristol, between Clark's Point, so called, and the head of navigation in said river, their heirs and assigns, shall be, and hereby are authorized and empowered to erect, continue and maintain, wharves parallel with the line of their several lots, as they abut upon said river; said wharves to extend to the channel of said river. If the owners of said lots think proper; and each owner of said lot shall have authority to provide docks, or erect wharves, as aforesaid on the aforesaid extended portion of his said lot, in such way and manner as he may think proper, not exceeding the limits of said channel of said river.
SECT. 2. And be it futher enacted, That if at any time hereafter, it shall be made to appear to the satisfaction of the General Court of the Commonwealth of Massachusetts, that the erection, maintaining, or continuing said wharves or docks, mentioned in the first section of this act, operates any obstruction to the navigation of said river, or to the right of taking shell or other fish, in said river, in that case the said General Court shall have a right, notwithstanding this act, to make such provisions respecting the navigation of said river, and the right of taking said fish, as they may think the public interest requires. (June 23, 1806.)
UNION WHARF BILL
Article 2, Acts of 1926
(Chapter 43)
The Commonwealth of Massachusetts.
In the Year One Thousand Nine Hundred and Twenty-six.
AN ACT
Authorizing the Town of Fairhaven to Acquire the Union Wharf Property in Said Town.
Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority of the same, as follows:
     SECTION 1: The Town of Fairhaven may purchase for an amount not exceeding twenty-five thousand dollars, or may take by eminent domain under chapter seventy-nine of the General Laws, the wharf property in said Town known as Union wharf, and may maintain and operate the same as a wharf.
     SECTION 2: The powers conferred by this act may be exercised by the selectmen, who shall also have power to make rules and regulations governing the use of said wharf, subject, however, to such rules and regulations as the Town may fix by vote.
     SECTION 3: For the purpose of meeting the expense incurred by the purchase or taking of Union wharf as aforesaid, the Town of Fairhaven may borrow from time to time, within a period of five years from the passage of this act, such sums as may be necessary, not exceeding, in the aggregate, twenty-five thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words. Fairhaven Wharf Loan, Act of 1926. Each authorized issue shall constitute a separate loan, and such loans shall be paid in not more than ten years from their dates, but no issue shall be authorized under this act unless a sum equal to an amount not less than ten percent of such authorized issued is voted for the same purpose to be provided from available funds or to be raised by the tax levy of the year when authorized. Indebtedness incurred under this act shall be inside the statutory limit and shall, except as herein provided, be subject to chapter forty-four of the General Laws, exclusive of the provision inserted in section seven of said chapter by chapter three hundred and thirty-eight of the acts of nineteen hundred and twenty-three.
     SECTION 4. This act shall take effect upon its passage.
     House of Representatives,
          February 17, 1926.
Passed to be enacted,
     JOHN C. HULL, Speaker,
          In Senate,
               February 23, 1926.
Passed to be enacted,
     WELLINGTON WELLS,
          President.
February 25, 1926.
     Approved.
   Chapter 285 of the Acts of 1930, Massachusetts General Laws, "An Act Establishing in the Town of Fairhaven Representative Town Government by Limited Town Meetings," Approved by the Massachusetts General Court May 7, 1930. Voted acceptance 1434-572 Referendum November 4, 1930.
   Chapter 168 of the Acts of 1945, "An Act Relative to Quorums of Town Meeting Members in the Town of Fairhaven"; Approved by the Massachusetts General Court March 29, 1945.
   Chapter 562 of the Acts of 1955. "An Act Relative to Referendum Procedure in the Town of Fairhaven" Approved by the Massachusetts General Court July 19, 1955. Voted Acceptance 133-82 at Special Town Meeting of August 11, 1965. (Article No. 3.)
   Chapter 589 of the Acts of 1955, "An Act Relative to Representative Town Government by Limited Town Meetings in the Town of Fairhaven"; Approved by the Massachusetts General Court July 22, 1955. Voted Acceptance 2202 to 1135 at Annual Election of February 6, 1956.
   AN ACT ESTABLISHING IN THE TOWN OF FAIRHAVEN REPRESENTATIVE TOWN GOVERNMENT BY LIMITED TOWN MEETINGS.
   Be it enacted, etc., as follows:
     Section 1. Upon the acceptance of this act by the Town of Fairhaven, as hereinafter provided, the selectmen and board of registrars of voters, acting jointly, and hereinafter referred to as the districting board, shall forthwith divide the territory thereof into not less than four nor more than eight voting precincts, each of which shall be plainly designated and shall contain not less than five hundred registered voters.
   The precincts shall be so established as to consist of compact and contiguous territory, to be bounded as far as possible by the center line of known streets and ways or by other well defined limits. Their boundaries shall be reviewed and, if need be, wholly or partially revised by the districting board in November, once in five years, or in November of any year when so directed by a vote of a representative Town meeting not later than October thirtieth of that year. The Town clerk shall notify every registered voter affected by a change in precinct boundaries or a change in polling place.
   The districting board shall, within twenty days after any establishment or revision of the precincts, but not later than December twentieth of that year, file a report of their doings with the Town clerk, the registrars of voters and the assessors, with a map or maps or descriptions of the precincts and the names and residences of the registered voters therein. The districting board shall also cause to be posted in the Town hall a map or maps or description of the precincts as established or revised form time to time, with the names and residences of the registered voters therein; and it shall also cause to be posted in at least one public place in each precinct a map or description of that precinct with the names and residences of the registered voters therein. The division of the Town into voting precincts and any revision of such precincts shall take effect upon the date of the filing of the report thereof by the districting board with the Town clerk. Whenever the precincts are established or revised, the Town clerk shall forthwith give written notice thereof to the state secretary, stating the number and designation of the precincts. Meetings of the registered voters of the several precincts for elections, for primaries, and for voting upon any question to be submitted to all the voters of the town, shall be held on the same day and at the same hour and at such place or places within the Town as the selectmen shall in the warrant for such meeting direct. The provisions of the general laws relating to precinct voting at elections, so far as the same are not inconsistent with this act, shall apply to all elections and primaries in the Town upon the establishment of voting precincts as hereinbefore provided.
     Section 2. Other than the officers designated in section three as Town meeting members at large, the representative Town meeting membership shall in each precinct consist of the largest number divisible by three which will not exceed five percent of the registered voters in the precinct. The registered voters in every precinct shall, at a special election called for that purpose, to be held not sooner than thirty days after the establishment of precincts under this act, or at the first annual Town election held after the establishment thereof, and at the first annual Town election following any precinct revision where the number of precincts is changed, conformably to the laws relative to elections not inconsistent with this act, elect by ballot the number of registered voters in the precinct, other than the officers designated in section three as Town meeting members at large, provided for in the first sentence of this section, to be Town meeting members of the town. The first third in order of votes received of members so elected shall serve three years, the second third in such order shall serve two years, and the remaining third in such order shall serve one year, from the day of the annual Town meeting, or, in case such election is at a special meeting, from the next annual Town meeting; in case of a tie vote affecting the division into thirds, as aforesaid, the members elected from the precinct shall by ballot determine the same; and thereafter, except as is otherwise provided herein, at each annual Town election the registered voters of each precinct shall, in like manner, elect one third of the number of Town meeting members to which that precinct is entitled for the term of three years, and shall at such election fill for the unexpired term or terms any vacancy or vacancies then existing in the number of Town meeting members in their respective precincts. The name of Town meeting candidates for three-year terms and of candidates to fill vacancies shall be listed together in one group on the ballot, and all three-year terms shall first be filled in order of the votes received, then the vacancies for two years, if any, in such order, and then any vacancies for one year. Upon every revision of the precincts where the number of precincts is changed, the terms of office of all Town meeting members from every precinct shall cease upon the election of their successors. The Town clerk shall, after every election of Town meeting members, forthwith notify each member by mail of his election.
     Section 3. Any representative Town meeting held under the provision of this act, except as otherwise provided herein, shall be limited to the voters elected under section two, together with the following, designated Town meeting members at large; namely, any member of the general court of the commonwealth who is a resident of the town, the moderator, the Town clerk and treasurer, the members of the board of selectmen, the tax collector, the members of the board of health, the members of the school committee, the members of the board of assessors, the members of the sewer commission, the members of the park commission, the chairman of the finance committee, the members of the planning board, and the tree warden. All the foregoing shall be included within the general designation of Town meeting members. The Town clerk shall notify the Town meeting members of the time and place at which representative Town meetings are to be held, the notices to be sent by mail at least seven days before the meeting.
   The Town meeting members, as aforesaid, shall be the judges of the election and qualifications of their members. One hundred Town meeting members shall constitute a quorum for doing business; but a less number may organize temporarily and may adjourn from time to time, and at an adjourned meeting seventy-five Town meeting members shall constitute a quorum. Notice of every adjourned representative Town meeting shall be posted by the Town clerk in at least one public place in each precinct, and he shall notify the members by mail of the adjournment at least forty-eight hours before the time of the adjourned representative Town meeting. The notices shall state briefly the business to be acted upon at any meeting and shall include notice of any proposed reconsideration. All Town meetings shall be public. The Town meeting members as such shall receive no compensation. Subject to such conditions as may be determined from time to time by the representative Town meeting, any voter of the Town who is not a Town meeting member may speak at any representative Town meeting, but shall not vote. A Town meeting member may resign by filing a written resignation with the Town clerk, and such resignation shall take effect upon the date of such filing. No elected member whose official position entitles him to be a member at large shall act as a member at large during such time as he remains an elected member. A Town meeting member who removes from the Town shall cease to be a Town meeting member and an elected Town meeting member who removes from one precinct to another or is so removed by a revision of precincts shall not retain membership after the next annual election.
Section 4. Nomination of candidates for Town meeting members to be elected under this act shall be made by nomination papers signed by not less than ten voters of the precinct in which the candidate resides, filed with the registrars of voters for certification at least thirty-five days before the election and filed with the Town clerk at least twenty-eight days before the election; provided, that any Town meeting member may become a candidate for re-election by giving written notice thereof to the Town clerk at least forty-two days before the election. No nomination papers shall be valid in respect to any candidate whose written acceptance is not thereon or attached thereto when filed.
     Section 5. The articles in the warrant for every Town meeting, so far as they relate to the election of the Town officers, Town meeting members, and, as herein provided, to referenda and all matters to be acted upon and determined by ballot of the town, shall be acted upon and determined by the voters in their respective meetings by precinct. All other articles in the warrant for any Town meeting, beginning with the elected, shall be acted upon and determined exclusively by Town meeting members at a meeting to be held at such time and place as shall be set forth by the selectmen in the warrant for the meeting, subject to the referendum provided for by section eight.
     Section 6. A moderator shall be elected by ballot for a three-year term, and shall serve as moderator of all Town meetings, except as otherwise provided by law, until a successor is elected and qualified. Nominations for and election of a moderator shall be as in the case of other elective Town officers, and any vacancy in the office may be filled by the Town meeting members at a meeting held for that purpose. If a moderator is absent, a moderator pro tempore may be elected by the Town meeting members.
     Section 7. Any vacancy in the full number of Town meeting members form any precinct, whether arising from a failure of the registered voters thereof to elect, or from any other cause, may be filled until the next annual election by the remaining elected Town meeting members of the precinct from among the registered voters thereof. Notice of any vacancy shall be given by the Town clerk to the remaining members from the precinct in which the vacancy or vacancies exist and he shall call a special meeting of such members prior to any annual or special Town meeting for the purpose of filling any vacancy. He shall cause to be mailed to every such member, not less than seven days before the time set for the meeting, a notice specifying the object, time and place of the meeting. At the said meeting one third of the members from such precinct shall constitute a quorum, and they shall elect from their own number a chairman and a clerk. The choice to fill any vacancy shall be by written ballot, unless waived by a two-thirds vote of those present, and a majority of the votes cast shall be required for a choice. The chairman and clerk shall count the ballots and shall make a certificate of the choice and forthwith file the same with the Town clerk, together with a written acceptance by the member or members so chosen who shall thereupon be deemed elected and qualified a Town meeting member or members, subject to the right of all the Town meeting members to judge of the election and qualifications of the members as set forth in section three.
     Section 8. A vote passed at any representative Town meeting authorizing the expenditure of twenty thousand dollars or more, as an appropriation other than Town charges, shall not be operative until after the expiration of five days, exclusive of Sundays and holidays, from the dissolution of the meeting. If, within said five days a petition, signed by not less than five percent of the registered voters of each precinct, containing their names and addresses as they appear on the list of registered voters, is filed with the selectmen requesting that the question or questions involved in such vote be submitted to the voters of the Town at large, then the selectmen, within fourteen days after the filing of the petition, shall call a special meeting, which shall be held within ten days after the issuing of the call, for the purpose of presenting to the voters at large the question or questions so involved. The polls shall be opened at two o'clock in the afternoon and shall be closed not earlier than eight o'clock in the evening, and all votes upon any questions so submitted shall be taken by ballot, and the check list shall be used in the several precinct meetings in the same manner as in the election of Town officers. The questions so submitted shall be determined by a majority vote of the registered voters of the Town voting thereon, but no action of the representative Town meeting shall be reversed unless at least twenty percent of the registered voters shall vote to disapprove such action. The questions so submitted shall be stated upon the ballot in substantially the same language and form in which they were stated when presented to said representative Town meeting by the moderator as appears from the records of the said meeting. If such petition is not filed within the said period of five days, the vote of the representative Town meeting shall become operative upon the expiration of the said period.
     Section 9. The Town of Fairhaven, after the acceptance of this act, shall have the capacity to act through and be bound by its said Town meeting members who shall, when convened from time to time as herein provided, constitute representative Town meetings; and the representative Town meetings shall exercise exclusively, so far as will conform to the provisions of this act, all powers vested in the municipal corporation. Action in conformity with all provisions of law now or hereafter applicable to the transaction of Town affairs in Town meetings shall, when taken by any representative Town meeting in accordance with the provisions of this act, have the same force and effect as if such action had been taken in a Town meeting open to all the voters of the Town is heretofore organized and conducted.
     Section 10. The representative Town meeting may make such rules consistent with general law as may be considered necessary for conducting its meetings.
     Section 11. The representative Town meeting may appoint such committees for investigation and report as it may consider necessary.
     Section 12. All by-laws or parts of by-laws of the Town inconsistent with the provisions of this act are hereby repealed. The provisions of chapter forty-four of the General Laws shall continue to apply in the Town of Fairhaven notwithstanding the provisions of this act.
     Section 13. This act shall not abridge the right of the inhabitants of Fairhaven to hold general meetings, as that right is secured to them by the constitution of this commonwealth; nor shall this act confer upon any representative Town meeting in Fairhaven the power finally to commit the Town to any measure affecting its municipal existence or changing its government, without action thereon by the voters of the Town at large, using the ballot and the check list therefor.
     Section 14. This act shall be submitted to the registered voters of the Town of Fairhaven at any annual or special Town meeting. The vote shall be taken in precincts by ballot in accordance with the provisions of the General Laws, so far as the same shall be applicable, in answer to the question, which shall be placed, in case of a special meeting, upon the ballot to be used at said meeting, or, in case of an annual meeting, upon the official ballot to be used for the election of Town officers: "Shall an act passed by the General Court in the year nineteen hundred and thirty, entitled 'An Act establishing in the Town of Fairhaven representative Town government by limited Town meetings, be accepted by this town?"
   So much of this act as authorizes its submission for acceptance to the registered voters of the Town of Fairhaven shall take effect upon its passage, and the remainder, except section fifteen, shall take effect upon its acceptance by a majority of the voters voting thereon.
     Section 15. If this act is rejected by the registered voters of the Town of Fairhaven when submitted to said voters under section fourteen, it may again be submitted for acceptance in like manner from time to time to such voters at any annual Town meeting in said Town within three years thereafter, but not more than three times in the aggregate.
Chap. 587. AN ACT RELATIVE TO REPRESENTATIVE TOWN GOVERNMENT BY LIMITED TOWN MEETINGS IN THE TOWN OF FAIRHAVEN.
Be it enacted, etc., as follows:
     SECTION 1. Section 2 of chapter 285 of the acts of 1930 is hereby amended by striking out, in line 5, the word "five" and inserting in place thereof the word: — two.
     SECTION 2. The first sentence of section 4 of chapter 285 of the acts of 1930, as appearing in section 4 of chapter 589 of the acts of 1955, is hereby further amended by striking out, in lines 7 to 10, inclusive, the words: -- "; provided that any Town meeting member may become a candidate for reelection by giving written notice thereof to the Town clerk at least forty-two days before election."
     SECTION 3. This act shall take effect upon its passage.
Approved July 15, 1968.
Chap. 400. AN ACT RELATIVE TO THE REPRESENTATIVE TOWN MEETING FORM OF GOVERNMENT IN THE TOWN OF FAIRHAVEN.
Be it enacted, etc., as follows:
     SECTION 1. Section 2 of chapter 285 of the acts of 1930 is hereby amended by striking out the first sentence, as amended by section 1 of chapter 587 of the acts of 1968, and inserting in place thereof the following sentence: -- Other than the officers designated in section three as Town meeting members at large, the representative Town meeting membership shall in each precinct consist of the largest number divisible by three which will not exceed five percent of the registered voters in the precinct.
     SECTION 2. Section 4 of said chapter 285 is hereby amended by striking out the first sentence, as amended by section 2 of said chapter 587, and inserting in place thereof the following sentence: -- Nomination of candidates for Town meeting members to be elected under this act shall be made by nomination papers signed by not less than ten voters of the precinct in which the candidate resides, and filed with the Town clerk at least fifteen days before the election; provided, that any Town meeting member may become a candidate for reelection by giving written notice thereof to the Town clerk at least forty-two days before election.
     SECTION 3. The first sentence of section 2 of said chapter 285, as amended by section 1 of this act, is hereby further amended by striking out the Word "five" and inserting in place thereof the word: -- two.
     SECTION 4. The first sentence of section 4 of said chapter 285, as amended by section 2 of this act, is hereby further amended by striking out the words "; provided, that any Town meeting member may become a candidate for reelection by giving written notice thereof to the Town clerk at least forty-two days before election".
     SECTION 5. Sections one and two of this act shall take effect upon its passage. Sections three and four of this act shall take effect upon the next precinct revision by the Town of Fairhaven, as set forth in chapter 285 of the acts of 1930, as amended.
Approved June 10, 1969.
Chap. 609. AN ACT PROVIDING THAT NOMINATING PAPERS OF CANDIDATES FOR TOWN MEETING MEMBER IN THE TOWN OF FAIRHAVEN SHALL BE FILED AT LEAST TWENTY-EIGHT DAYS BEFORE THE ELECTION FOR SUCH OFFICE.
Be it enacted, etc., as follows:
     SECTION 1. Section 4 of chapter 285 of the acts of 1930 is hereby amended by striking out the first sentence, as most recently amended by section 2 of chapter 400 of the acts of 1969, and inserting in place thereof the following sentence: -- Nomination of candidates for Town meeting members to be elected under this act shall be made by nomination papers signed by no less than ten voters of the precinct in which the candidate resides and filed with the Town clerk at least twenty-eight days before the election; providing, that any Town meeting member may become a candidate for reelection by giving written notice thereof to the Town clerk at least forty-two days before election.
     SECTION 2. This act shall take effect upon its passage.
Approved August 4, 1970.
Chap. 39. AN ACT ELIMINATING THE REQUIREMENT THAT THE TOWN CLERK OF THE TOWN OF FAIRHAVEN GIVE CERTAIN NOTICES BY MAIL OF ADJOURNED REPRESENTATIVE TOWN MEETINGS.
Be it enacted, etc., as follows:
     SECTION 1. The second paragraph of section 3 of chapter 285 of the acts of 1930 is hereby amended by striking out the third sentence and inserting in place thereof the following sentence: — Notice of every adjourned representative Town meeting shall be posted by the Town clerk in at least one public place in each precinct.
     SECTION 2. This act shall take effect upon its passage.
Approved February 26,1973.
Chap. 62. AN ACT RELATIVE TO THE ELECTION OF TOWN MEETING MEMBERS IN THE TOWN OF FAIRHAVEN.
Be it enacted, etc., as follows:
     Section 4 of chapter 285 of the acts of 1930 is hereby amended by striking out the first sentence, as most recently amended by section 1 of chapter 609 of the acts of 1970, and inserting in place thereof the following sentence: - Nomination of candidates for Town meeting members to be elected under this act shall be made by nomination papers signed by no less than ten voters of the precinct in which the candidate resides, and filed with the Town clerk at least twenty-eight days before the election.
Approved April 25, 1983.
Chapter 156. AN ACT RELATIVE TO THE REPRESENTATIVE TOWN MEETING FORM OF GOVERNMENT IN THE TOWN OF FAIRHAVEN.
Be it enacted, etc., as follows:
     SECTION 1. Section 2 of chapter 285 of the acts of 1930 is hereby amended by striking out the first sentence, as most recently amended by section 3 of chapter 400 of the acts of 1969, and inserting in place thereof the following sentence:- Other than the officers designated in section three as Town meeting members at large, the representative Town meeting membership shall in each precinct consist of the largest number divisible by three which will not exceed two and seven tenths percent of the persons residing in the precinct.
      SECTION 2. Section 4 of said chapter 285 is hereby amended by striking out the first sentence, as most recently amended by section 4 of said chapter 400, and inserting in place thereof the following sentence:- Nomination of candidates for Town meeting members to be elected under this act shall be made by nomination papers signed by not less than ten voters of the precinct in which the candidate resides, and filed with the Town clerk at least twenty-eight days before the election; provided, that any Town meeting member may become a candidate for reelection by giving written notice thereof to the Town clerk at least forty-nine days before election.
     SECTION 3. This act shall take effect on April first, nineteen hundred and eighty-eight.
Approved June 22, 1987.
Chapter 41
FAIRHAVEN, TOWN OF—DESIGNATION OF TOWN
MEETING MEMBERS AT LARGE
   An act relative to the designation of certain elected officials of the Town of Fairhaven as Town meeting members at large.
   Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
     SECTION 1. The first paragraph of section 3 of chapter 285 of the acts of 1930 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Any representative Town meeting held under the provisions of this act, except as otherwise provided herein, shall be limited to the voters elected under section two, together with the following, designated Town meeting members at large; namely, any member of the general court of the commonwealth who is a resident of the town, the moderator, the Town clerk, the members of the board of selectmen, the members of the board of health, the members of the school committee, the members of the planning board, the members of the board of public works, the commissioners of trust funds, the elected members of the housing authority, the chairman to the finance committee, and the tree warden.
     SECTION 2. This act shall take effect upon its passage.
Approved May 12, 1993.
Chap. 722. AN ACT ESTABLISHING A BOARD OF PUBLIC WORKS IN THE TOWN OF FAIRHAVEN.
Be it enacted, etc., as follows:
     SECTION 1. There shall be established in the Town of Fairhaven a board of public works, hereinafter called the board, consisting of seven members, one to be elected from each precinct and one to be elected at large, to be elected at the first annual Town election after the passage of this act. The member elected at large and the first two in order of votes received of the members elected from precincts shall serve for terms of three years, the second two in the order of votes shall serve for terms of two years, and the remaining two in the order of votes shall serve for terms of one year. Thereafter, when the term of any member expires, his successor shall be elected at an annual Town election to serve for a term of three years. In all cases, the members of the board shall serve until their successors are qualified. The members of the board shall, after each annual Town election, elect from its members a chairman and a clerk for the ensuing year. In case of a vacancy, the board of selectmen shall, within thirty days, fill such vacancy until the next Town election, when a new member or members shall be elected to fill the unexpired term. No person shall serve on the board who holds an elective or appointed office in the Town other than Town meeting members, and no person who is an employee of the Town shall serve on the board.
      SECTION 2. Upon the election and qualification of the initial members of the board of public works, the board shall have all the powers and duties now and from time to time vested by general or special laws, Town charter or Town by-laws in the following boards, departments and offices having corresponding powers and duties in the Town of Fairhaven, to wit: highway department, water and sewer commissioners, park commissioners, cemetery commissioners, refuse and garbage collection, and with respect to construction and maintenance only, the Town dump and such boards, offices and departments shall be abolished. No contracts or liabilities then in force shall be affected by such abolition, but the board of public works shall in all respects be the lawful successor of the boards, departments and offices so abolished.
   The board shall have such additional powers with respect to the furnishing of engineering services, the maintenance and repair of Town buildings and property, and the performance of such duties of any other boards, departments and offices of the Town as may be reasonably related to the duties and responsibilities of a board of public works, as the Town may, from time to time, by by-law provide, and other provisions of law to the contrary notwithstanding.
     SECTION 3. The board shall appoint and fix the compensation of a superintendent of public works who shall exercise and perform, under the supervision and direction of the board, such powers, rights and duties transferred to it under sections two and three as it may, from time to time, designate. He shall be responsible for the efficient exercise and performance of such powers, rights and duties and shall hold office subject to the will of the board. He shall be specially fitted by education, training and experience to perform the duties of said office, and need not be a resident of the town. During his tenure he shall hold no elective or other appointive office, nor shall be be engaged in any other business or occupation. He shall give to the Town a bond with a surety company authorized to transact business in the commonwealth as surety, for the faithful performance of his duties, in such sum and upon such conditions as the board may require, and shall, subject to the approval of the board, appoint such assistants, agents and employees as the exercise and performance of his powers, rights and duties may require. He shall keep full and complete records of the doings of his office and render to the board as often as it may require a full report of all operations under his control during the period reported upon; and annually, and from time to time as required by the board, he shall make a synopsis of such reports for publication. He shall keep the board fully advised as to the needs of the Town within the scope of his duties, and shall furnish to the board each year upon its request a carefully prepared and detailed estimate in writing of the appropriations required during the next succeeding fiscal year for the proper exercise and performance of all said powers, rights and duties.
Approved July 19, 1968.
PROPOSED AMENDMENT
"Shall the Town of Fairhaven approve the charter amendment proposed by the Town meeting summarized below?"
Voted:
2359 – YES
988 – NO
SUMMARY
(Chapter 722 of the Acts of 1968 created the Board of Public Works for the Town of Fairhaven. Section 1 of that Act provided in substance for seven members of the Board of Public Works, one to be elected from each of six precincts and one to be elected at large, the terms of which members would be for three years. It is proposed to the voters to amend Section 1 so that the membership of the Board of Public Works will consist of five members, all elected at large, the terms of which members would be for five years.)
The full text of the measure is as follows:
   To see if the Town meeting will vote, in accordance with the provisions of Article LXXXIX of the Amendments to the Constitution of Massachusetts (Home Rule Amendments) and the procedures for amendment of existing special laws pertaining to towns under the provisions of General Laws Chapter 43B Section 10 to propose to the voters the amendment of Section 1 of Chapter 722 of the Acts of 1968 (creating the Board of Public Works) so as to read as follows:
     Section 1. There shall be established in the Town of Fairhaven a Board of Public Works hereinafter called the Board, consisting of five members at large, to be elected at the first annual Town election after the passage of this act as amended. The first in order of votes received of members so elected shall serve for a term of five years, the second in such order shall serve for four years, the third in such order shall serve for three years, the fourth in such order shall serve for two years and the fifth in such order shall serve for one year. Thereafter when the term of any member expires, his successor shall be elected at an annual Town election to serve for a term of five years. In all cases, the numbers of the board shall serve until their successors are qualified. The members of the Board shall after each annual Town election, elect from its members a chairman and a clerk for the ensuing year. In case of a vacancy the Board of Selectmen shall, within thirty days fill such vacancy until the next Town election when a member or members shall be elected to fill the unexpired term or terms. No person shall serve on the board who holds an elected or appointed office in the Town other than Town Meeting Member, and no person who is an employee of the Town shall serve on this Board; this amendment to take effect of the first Annual Town Election after the passage) thereof.
Chap. 453. AN ACT RELATIVE TO THE APPOINTMENT OF THE SUPERINTENDENT OF PUBLIC WORKS IN THE TOWN OF FAIRHAVEN AND ESTABLISHING THE POSITION OF SUPERINTENDENT OF HIGHWAYS IN SAID TOWN.
Be it enacted, etc., as follows:
     SECTION 1. Section 3 of chapter 722 of the acts of 1968 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence: — He shall be responsible for the efficient exercise and performance of such powers, rights and duties and shall hold office subject to the will of the board and shall not be subject to any provisions of chapter thirty-one of the General Laws.
     SECTION 2. Said chapter 722 is hereby further amended by adding the following section:
     Section 4. The board shall appoint and fix the compensation of the superintendent of highways who shall exercise and perform, under the supervision and direction of the board, such powers, rights and duties, transferred to it under sections two and four as it may, from time to time, designate. He shall be responsible for the efficient exercise and performance of such powers, rights and duties and shall hold office subject to the will of the board and shall not be subject to any provisions of chapter thirty-one of the General Laws. He shall be specially fitted by education, training and experience to perform the duties of said office, and need not be a resident of the town. During his tenure he shall hold no elective or other appointive office, nor shall be be engaged in any other business or occupation.
     SECTION 3. This act shall take effect upon its passage.
Approved July 11, 1975.
Chapter 510
FAIRHAVEN, TOWN OF—SUPERINTENDENT OF
PUBLIC WORKS—OTHER OFFICES
   An act authorizing the superintendent of public works in the Town of Fairhaven to hold other appointive offices.
   Be it enacted by the senate and House of Representative in General court assembled, and by the authority of the same, as follows:
     SECTION 1. Section 3 of chapter 722 of the acts of 1968, as amended by section 1 of chapter 453 of the acts of 1975, is hereby further amended by striking out the fourth sentence and inserting in place thereof the following sentence:- During his tenure he shall hold no elective office nor shall be be engaged in any other business or occupation.
     SECTION 2. This act shall take effect upon its passage.
Approved January 2, 1991.
Chapter 122
FAIRHAVEN, TOWN OF — BOARD OF PUBLIC WORKS
An act relative to the board of public works of the Town of Fairhaven.
   Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
     SECTION 1. The charter amendment adopted by the Town of Fairhaven effective February first, nineteen hundred and seventy-one with respect to the number and terms of office of the members of the board of public works of said Town is hereby ratified, validated and confirmed.
     SECTION 2. Chapter 722 of the acts of 1968 is hereby amended by striking out section 1 and inserting in place thereof the following section:
     Section 1. There shall be established in the Town of Fairhaven, a board of public works, hereinafter called the board, consisting of five members at large. Upon the expiration of the term of any member, his successor shall be elected at an annual Town election to serve for a term of three years. In all cases the members of the board shall serve until their successors are qualified. The members of the board shall, after each annual Town election, elect from among its members a chairperson and a clerk for the ensuing year. In the case of a vacancy, the board of selectmen shall, within thirty days, fill such vacancy until the next annual Town election, when a member shall be elected to fill an unexpired term resulting from such vacancy. No person shall serve on the board who holds an elected or appointed office in said Town other than Town meeting member and no employee of the Town shall serve on the board.
     SECTION 3. This act shall take effect upon its passage.
Approved July 14, 1992.
Chapter 516
FAIRHAVEN, TOWN OF — RECALL ELECTIONS
   An act providing for recall elections in the Town of Fairhaven.
   Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
     SECTION 1. Any person who holds an elected office in the Town of Fairhaven, with more than six months remaining in the term of such office on the date of filing of the affidavit, referred to in section two, may be recalled from office by the registered voters in said town, in the manner herein provided.
     SECTION 2. 50 or more voters of the Town of Fairhaven may file with the Town clerk of said Town an affidavit containing the name of the officer whose recall is sought and a statement of the grounds upon which the petition is based. The Town clerk shall deliver to the said voters petition blanks demanding said recall, printed forms of which he shall keep available. Said blanks may be completed by writing or typewriting; they shall be addressed to the board of selectmen; they shall contain the names of the persons who filed the affidavit and the grounds for recall as stated in the affidavit; they shall demand the election of a successor to the office; and they shall be dated and signed by the Town clerk. A copy of the petition shall be kept on file in the office of the Town clerk in a record book maintained for that purpose. The recall petitions shall be returned and filed in the office of the Town clerk within fourteen days following the date the petitions were issued, signed by at least 20 percent of the total number of registered voters duly recorded on the registration list of the Town clerk as of the preceding Town election.
[Amended by Ch. 82, Acts of 2002, approved 4-4-2002]
   The Town clerk shall, within twenty-five hours following such filing, submit said petitions to the registrars of voters who shall, within seven days certify thereon the number of signatures which are names of registered voters of the town.
     SECTION 3. If the petition shall be certified by the registrars of voters to be sufficient, the Town clerk shall forthwith submit the same to the board of selectmen. Upon its receipt of the certified petition, the board of selectmen shall within forty-eight hours give written notice of said petition and certificate to the person whose recall is sought. If said officer does not resign his office within five days following delivery of the said notice, the board of selectmen shall order an election to be held not less than sixty nor more than ninety days after the date of the registrars' certificate of the sufficiency of the petition. If, however, another Town election is to occur within one hundred days after the date of the certificate, the board of selectmen shall hold the recall election on the date of said other Town election. If a vacancy occurs in the office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section, but only the ballots for candidates need be counted.
     SECTION 4. An officer whose recall is sought may be a candidate to succeed himself at the recall election. The nomination of candidates, the publication of the warrant for the recall election, and the conduct of the same shall all be in accordance with the provisions of laws relating to elections, unless otherwise provided in this act.
[Amended by Ch. 82, Acts of 2002, approved 4-4-2002]
     SECTION 5. The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled in the election he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided herein.
   If the officer is recalled in the election, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.
     SECTION 6. Ballots used at a recall election shall contain the following propositions in the order indicated:-
     For the recall of (name of officer)
     Against the recall of (name of officer)
   Adjacent to each proposition, there shall be a place to mark a vote. After the propositions shall appear the word "Candidates" followed by the names of candidates arranged alphabetically, by surname. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of the votes on the question is in the negative, the ballots for the candidates need not be counted, except as provided in section three above.
     SECTION 7. No recall petition shall be filed against an officer within 6 months after he takes office, or in the case of an officer subjected to a recall election and not recalled thereby until at least six months after the election at which his recall was submitted to the voters.
[Amended by Ch. 82, Acts of 2002, approved 4-4-2002]
Approved January 2, 1991.
   AN ACT AUTHORIZING THE TOWN OF FAIRHAVEN TO ISSUE AN ADDITIONAL LICENSE FOR THE SALE OF WINES AND MALT BEVERAGES TO BE DRUNK ON THE PREMISES.
   Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
     SECTION 1. Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Fairhaven may grant to Excel Restaurant Group, Inc. d/b/a Hickory Creek, a license for the sale of wines and malt beverages to be drunk on the premises at 142 Huttleston avenue in the town of Fairhaven under section 12 of said chapter 138. The license shall be subject to all of said chapter 138, except said section 17. The license authorized by this act shall not be transferred to another location but may be transferred to another person at the same location.
     SECTION 2. This act shall take effect upon its passage.
Approved February 8, 2002
   AN ACT AUTHORIZING THE TOWN OF FAIRHAVEN TO GRANT AN ADDITIONAL LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES.
   Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
   SECTION 1. Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Fairhaven may grant an additional license for the sale of all alcoholic beverages to be drunk on the premises under section 12 of said chapter 138 to Turan Irge at 214 Huttleston avenue. The license shall be subject to all of said chapter 138, except said section 17.
   The licensing authority shall not approve the transfer of the license to any other location, but it may grant the license to a new applicant at the same location if the applicant files with the licensing authority a letter from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid.
   If the license granted under this act is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority, which may then grant the license to a new applicant at the same location under the same conditions as specified in this act.
   SECTION 2. This act shall take effect upon its passage.
Approved September 18, 2013.
   AN ACT AUTHORIZING THE TOWN OF FAIRHAVEN TO GRANT AN ADDITIONAL LICENSE FOR THE SALE OF WINES AND MALT BEVERAGES TO BE DRUNK ON THE PREMISES.
   Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
   SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the town of Fairhaven may grant an additional license for the sale of wines and malt beverages to be drunk on the premises under section 12 of said chapter 138 to Jevon Enterprises, d/b/a Mac's Soda Bar, located at 115 Sconticut Neck road. The license shall be subject to all of said chapter 138 except said section 17.
   (b) The licensing authority shall not approve the transfer of the license authorized in this act to any other location but it may grant the license to a new applicant at the same location if the applicant files with the licensing authority a letter from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid.
   (c) If the license granted under this act is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority, and the licensing authority may then grant the license to a new applicant at the same location under the same conditions as specified in this act.
   SECTION 2. This act shall take effect upon its passage.
Approved October 18, 2013.
   AN ACT AUTHORIZING THE TOWN OF FAIRHAVEN TO GRANT 1 ADDITIONAL LICENSE FOR THE SALE OF WINES AND MALT BEVERAGES TO BE DRUNK ON THE PREMISES.
   Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
   SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority for the town of Fairhaven may grant 1 additional license for the sale of wines and malt beverages to be drunk on premises pursuant to section 12 of said chapter 138 to Pizzeria Brick Inc. for use at 213 Huttleston avenue. The license shall be subject to all of said chapter 138 except said section 17.
   (b) The licensing authority shall not approve the transfer of the license to any other location but it may grant the license to a new applicant at the same location if the applicant files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid.
   (c) If the license granted under this act is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant at the same location under the same conditions as specified in this act.
   SECTION 2. This act shall take effect upon its passage.
Approved, September 30, 2016.
AN ACT ESTABLISHING THE POSITION OF TOWN ADMINISTRATOR IN THE TOWN OF FAIRHAVEN.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION 1. The executive powers of the town of Fairhaven shall be vested in the board of selectmen, who shall have all the powers given to boards of selectmen by the General Laws, except for those executive powers granted to the town administrator.
The board of selectmen shall serve as the chief goal-setting and policy-making agency of the town of Fairhaven. The duties and responsibilities for day-to-day management of the town shall be delegated to the town administrator. The board shall act through the adoption of policy directives and guidelines which shall be implemented by the town administrator and the officers and employees appointed by, or under the authority of, the board. Individual selectmen shall not purport to represent the board or exercise the authority of the board except when specifically authorized by the board.
The board of selectmen shall:
(a) enact rules and regulations to implement policies and to issue interpretations;
(b) exercise, through the town administrator, general supervision over all matters affecting the interests or welfare of the town;
(c) appoint the town counsel and any special counsels, and all members of committees, boards and commissions except the finance committee and except those appointed by the moderator, elected by the voters or under the jurisdiction of the school committee and may make appointments to temporary posts and committees the board creates for special purposes;
(d) have general administrative oversight of such boards, committees and commissions appointed by the board of selectmen;
(e) have the responsibility and authority for licenses and other quasi-judicial functions as provided by the General Laws and by the by-laws of the town of Fairhaven;
(f) issue all town meeting warrants;
(g) review the annual proposed budget submitted by the town administrator and make recommendations with respect to the annual proposed budget as the board deems advisable; provided, however, that the town administrator shall present the budget to the town meeting, incorporating the recommendations of the board of selectmen;
(h) appoint, and may re-appoint, and enter into a contract for the employment of a town administrator for a term of not more than 3 years, who shall be a person with executive and administrative qualifications and especially fitted by education, training and experience to perform the duties of the office; provided, that the town may from time to time, by by-law, establish such additional qualifications as it deems necessary and appropriate;
(i) remove the town administrator at any time, for just cause following a formal procedure including a written intent to dismiss, a written response and a public hearing, to be completed within 30 days after the issuance of a written intent to dismiss, in accordance with the terms of the town administrator's contract;
(j) set the compensation for the town administrator, not to exceed an amount appropriated by the town meeting; and
(k) designate a qualified person as acting town administrator to perform the duties of the office during any vacancy exceeding 30 days, caused by the town administrator's absence, illness, suspension, removal or resignation; provided, that the appointment of an acting town administrator shall be for a period not to exceed 180 days.
SECTION 2. The town administrator shall be the chief administrative officer of the town of Fairhaven and shall act as the agent for the board of selectmen. The town administrator shall be responsible to the board of selectmen for coordinating and administering all town affairs under the jurisdiction of the board of selectmen.
The town administrator's powers and duties shall include those outlined in subsections (a) to (aa), inclusive.
(a) Consult and advise the board of selectmen regarding its policies and implement those policies.
(b) Attend all meetings of the board of selectmen, except when excused, and consult with and advise the board of selectmen on all matters that come before the board.
(c) Attend all town meetings and advise the town meeting on all warrant articles within the jurisdiction of the board of selectmen.
(d) Attend all finance committee meetings, except when excused by the board of selectmen, and keep the finance committee informed on all matters under the jurisdiction of the town administrator that come before the committee.
(e) Manage and direct the daily reporting and supervision of all town departments under the jurisdiction of the board of selectmen including: assessors, building commission, council on aging, police, civil defense, animal control officer, gas inspector, plumbing inspector, wiring inspector and weights and measures inspector, recreation, highway, water, sewer, tree and park, planning, finance, finance director, collector, treasurer, accounting, veterans, town counsel, other committees appointed by and under the jurisdiction of the board of selectmen and the fire department, subject to section 42 of chapter 48 of the General Laws.
(f) Review and advise the board of selectmen on all warrants for the payment of town funds as prepared by the town accountant in accordance with section 56 of chapter 41 of the General Laws.
(g) Except with respect to the school department, the town administrator shall have sole authority over the administration of personnel policies for all town employees. With respect to the fire department, such authority shall be subject to section 42 of chapter 48 of the General Laws. The town administrator shall act as the personnel board under all applicable laws and by-laws, except as otherwise set forth in this act. The personnel board as presently constituted shall be eliminated upon the appointment of the town administrator. The town may enact by-laws establishing the wages, salaries and other benefits of employees, which shall be consistent with the authority granted to the town administrator in this act. Notwithstanding the elimination of the personnel board, all actions taken prior to the appointment of the town administrator by the personnel board within its authority, and by any other town official or board, with respect to personnel, including the appointment of all officers and employees, shall continue in full force and effect subject to future action by the town administrator within the town administrator's authority.
(h) Administer the town's insurance policies, including the ability to settle claims; provided, however, that all insurance contracts and claims settlements shall receive the approval of the board of selectmen.
(i) With the approval of the board of selectmen, appoint and remove all department heads under the direct control of the town administrator. Each department head, with the approval of the town administrator, shall appoint and remove all department staff within their respective departments. All appointments shall be based entirely on merit and fitness. All appointments and terminations shall be conducted in accordance with the General Laws, personnel policies, by-laws of the town of Fairhaven and any applicable employment contracts; provided, that fire department appointments shall also be subject to section 42 of chapter 48 of the General Laws.
(j) With the approval of the board of selectmen, reorganize any departmental structures under the jurisdiction of the town administrator.
(k) With the approval of the board of selectmen, negotiate all collective bargaining agreements on behalf of the town, except for the school department. The town administrator may seek the assistance of labor counsel if the town administrator deems it necessary to effect successful negotiations. All final agreements must be approved and executed by the board of selectmen.
(l) With the approval of the board of selectmen, establish compensation packages for all town employees under the jurisdiction of the town administrator, not subject to a collective bargaining agreement. Such compensation shall not exceed the amount appropriated therefor by town meeting and shall be subject to all applicable laws and by-laws.
(m) Submit to the board of selectmen a written proposed budget for town government for the ensuing fiscal year. The proposed budget shall detail all estimated revenue from all sources, and all proposed expenditures, including debt service for the previous, current and ensuing 5 years. The proposed budget shall include proposed expenditures for both current operations and capital projects during the ensuing year, detailed by department, committee, agency, purpose and position and proposed financing methods. The proposed budget shall include estimated revenues and free cash available at the close of the fiscal year, including estimated balances in special accounts. The town may, by by-law establish additional financial information and reports to be provided by the town administrator. To assist the town administrator in preparing the proposed annual budget of revenue and expenditures, the finance director, all boards, officers and committees of the town, including the school committee, shall furnish to the town administrator, in a writing in such a form as the town administrator shall establish, all relevant information in their possession, including a detailed estimate of the appropriations required and any available funds.
(n) Report on the probable amount required to be levied and raised by taxation to defray all expenses and liabilities of the town together with an estimate of the necessary tax rate.
(o) Establish calendar dates by which the proposed budget, revenue statement and tax rate estimate are to be submitted to the board of selectmen.
(p) Submit annually to the board of selectmen a 5-year capital improvements program, or the same as approved by a formal capital planning committee, to include: (i) a list of all capital improvements and supporting data proposed to be undertaken during the next 5 years; (ii) cost estimates, methods of financing and recommended time schedule; and (iii) the estimated annual cost of operating and maintaining any facility to be constructed or acquired.
(q) Advise the board of selectmen at least monthly, of all departmental year-to-date revenues.
(r) Direct action as deemed necessary to ensure that all operating and capital budgets under the direct control of the town administrator are maintained in accordance with the town meeting vote that approved those budgets and coordinate efforts with the governing bodies of those departments not under the direct supervision of the town administrator to ensure that those operating and capital budgets are maintained in accordance with the town meeting vote that approved those budgets.
(s) Keep and complete records of the office of the town administrator and annually submit to the board of selectmen, unless requested to do so more frequently, a full report of the operations of the office.
(t) Be responsible for coordination of operational and strategic planning for the town.
(u) Serve as the procurement officer for the town, establish and enforce procurement policies and guidelines in accordance with applicable state laws.
(v) Manage and oversee the use, maintenance, security and, with the approval of the board of selectmen, regulate the rental for all the town buildings, properties and facilities, including information technology, except those under the jurisdiction of the school department, unless requested by the school department.
(w) Prepare the application of all town warrants for approval by the board of selectmen.
(x) With the approval of the board of selectmen, prosecute, defend and settle all litigation for or against the town, subject to such appropriation as may be necessary to effect settlement, except for litigation involving only the school department, or its officers and employees.
(y) Delegate and direct any qualified town official or employee to carry out any duty that is within the authority of the town administrator.
(z) During a temporary absence, with the approval of the board of selectmen, the town administrator may designate a qualified administrative employee or officer to exercise the powers and perform the duties of the town administrator.
(aa) Perform any other duties or tasks assigned by the board of selectmen, assigned by the town meeting or mandated by applicable state law.
SECTION 3. The town administrator of the town of Fairhaven shall have access to all municipal books, papers and documents or information necessary for the proper performance of the duties of the town administrator. The town administrator may, without notice, cause the affairs of any division or department under the town administrator's supervision, or the conduct of any officer or employee thereof, to be examined.
SECTION 4. All laws, by-laws, votes, rules and regulations, whether enacted by authority of the town of Fairhaven or any other authority, which are in force in the town on the effective date of this act, not inconsistent with this act, shall continue in full force and effect.
SECTION 5. No contract existing, and no action at law or suit in equity, or other proceeding pending, on the effective date of this act shall be affected by this act.
SECTION 6. The town of Fairhaven shall be governed by this act. To the extent that this act modified or repeals existing General Laws and special acts or the by-laws of the Town of Fairhaven, this act shall govern.
SECTION 7. This act shall not impair the rights or obligations of any person holding a town office, or employed by the town, on its effective date, except those duties assigned by this act to another officer or employer, and except those duties which are subsequently assigned to another officer or employee pursuant to this act. No person who continues in the permanent full-time service or employment of the town shall forfeit their pay, grade or time in service as a result of this act.
SECTION 8. This act shall take effect upon its acceptance by the town of Fairhaven by a vote at the town meeting.
Approved, November 25, 2014.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
Notwithstanding section 64 of chapter 130 of the General Laws, the town of Fairhaven, acting by and through its board of selectmen, may charge an annual fee of not less than $5 per acre nor more than $200 per acre, or part thereof, for shellfish aquaculture licenses granted pursuant to section 57 of said chapter 130. The board shall fix the date the fee shall be due. If any part of the fee is not paid within 6 months after it becomes due, the license shall immediately be forfeited.
Approved, December 19, 2014.