[Adopted 5-22-2001 (§ 21-33 of the 2010 Code)]
Notwithstanding any other ordinance to the contrary, upon petition
of not less than 2/3 of the abutters to a proposed improvement, the
City of Taunton may, in accordance with any state or local statute,
rule or regulation which applies, upon approval of the Municipal Council,
assess in accordance with MGL c. 80, § 1 et seq., a betterment
of up to 100% to improve the roadway, drainage, water or sewer infrastructure
or any appurtenances thereto. Such petition shall state the nature
and extent to which repairs and/or improvements are requested and
shall identify whether drainage is requested or, if drainage is not
requested, whether, in the opinion of the City Engineer, any alterations,
repairs or improvements to existing drainage are necessary as a result
of the petition.
Repairs under this article shall be undertaken only if the Municipal
Council shall conclude that said repairs are either required by public
necessity or may inure to the benefit of any members of the general
public.
The City liability for defects in a private way shall be to
the extent provided for in the General Laws, including but not limited
to MGL c. 84, § 15, and MGL c. 258, § 1 et seq.
Liability for damage to property during said repairs, including temporary
or permanent easements or takings, shall be as otherwise prescribed
by law.
Private ways which receive any form of improvement, alteration
and repair under this article shall be open for public use, easement
access and passage for a period of 20 years from the date of completion
of the project.
Construction under this article shall be a public work. The
petitioners, prior to the preliminary design and estimate, shall post
a cash deposit of $2 per linear foot. Prior to construction, all rights
of entry and easements shall have been granted at no cost to the City.
Notwithstanding the provisions of this section, the deposit shall
not be required for projects with approval before the effective date
of this article.
