[The following Special Acts have been adopted by the General Court of the Commonwealth of Massachusetts for the Town of Erving.]
BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:
Sec 1. All the easterly part of the territory called Erving's Grant, bounded and described as follows: beginning at the southwest corner of Orange, on the north side of Miller's river, thence north ten degrees east, four hundred and fifty rods, to the. southeast corner of Warwick; thence west one and a half degrees south, seven hundred and fifty-eight rods, on Warwick south line, to the southwest corner of said Warwick; thence south six degrees west, three hundred and one rods, to Miller's river; thence up said river on the north line of Wendell and New Salem, to the first mentioned corner, with all the inhabitants and estates thereon, is hereby set off and separated from the territory of said Erving's Grant, and annexed to the town of Orange, both in the county of Franklin.
Sec 2. Said inhabitants and estates so set off, shall be liable to pay all taxes that have been legally assessed on them by said district of Erving's Grant, in the same manner as if this act had not been passed.
Sec. 3. Said town of Orange shall be liable to pay over to the said district of Erving's Grant, all such sums of money as shall be levied and collected from the inhabitants set off as their portion of the State and county taxes, till a new valuation of polls and estates shall be taken and made.
Approved by March 16, 1837.
BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:
Sec. 1. All that unincorporated tract of land in the county of Franklin, called Erving's Grant, bounded on the north by the town of Northfield, on the east by the towns of Warwick and Orange, on the south by Miller's river, which separates it from the towns of New Salem, Wendell and Montague, and on the west in part by Miller's river, which separates it from Montague, and in part by Connecticut river, which separates it from the town of Gill,-is hereby incorporated into a town, by the name of Erving, and as such shall have all the powers and privileges, and be subject to all the duties and liabilities of such corporations.
Sec. 2. No person, now residing upon the said plantation of Erving's Grant, who has a legal settlement in any town in this Commonwealth, shall have his settlement changed by force of this act, or be chargeable as a pauper to the town of Erving, until he shall gain a settlement therein, in the manner provided by law.
Sec. 3. Any justice of the peace for the county of Franklin is hereby authorized to issue his warrant, directed to any freeholder of said town of Erving, requiring him to warn the inhabitants thereof, to meet at the time and place therein appointed, for the purpose of choosing all such town officers as towns are by law authorized and required to choose at their annual meetings.
Approved April 17, 1838.
BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:
Sect. 1. The dividing line between the towns of Orange and Erving shall hereafter be as follows, viz. beginning at the southwest corner of Warwick; thence south, one degree west, three hundred and one rods, to Miller's river.
Sect. 2. The territory and jurisdiction, according to the line so established, are hereby confirmed to the towns of Orange and Erving respectively.
Approved February. 27, 1841.
Be it enacted, etc., as follows:
Section 1. That portion of the town of Northfield, known as Hack's Grant, consisting of about one hundred and eighty-one acres of land, entirely detached from the residue of said town of Northfield, and bounded on all sides by the town of Erving, with all the inhabitants and estates thereon, is hereby set off from the town of Northfield, and annexed to the town of Erving.
Section 2. The said inhabitants and estates so set off, shall be liable to pay all taxes that have been legally assessed upon them by the town of Northfield; and until the next general valuation of estates in this Commonwealth, the town of Erving shall annually pay to the town of Northfield the proportion of any state or county tax which the said town of Northfield may have to pay upon the inhabitants or estates hereby set off.
Section 3. If any persons who have heretofore gained a legal settlement in the town of Northfield by reason of a residence on the territory set off as aforesaid, or by having been proprietors of any part thereof, or who may derive such settlement from any such resident or proprietor, shall stand in need of relief or support as paupers, they shall be relieved or supported by the said town of Erving, in the same manner as if they had gained a legal settlement in said town of Erving.
Section 4. This act shall take effect from its passage.
Approved February 10, 1860.
Be it enacted, &c, as follows:
Section 1. The towns of Montague, Erving and Northfield shall jointly maintain and keep in repair the bridge with its abutments, near the mouth of Miller's River, in the following proportions, viz.:-one-half shall be maintained by the town of Montague, the other half, equally by the towns of Northfield and Erving; and they shall be jointly liable, in said proportion, for all penalties and damages for neglect in keeping the same safe and convenient for public travel.
Section 2. The commissioners of the county of Franklin shall pay to the towns of Montague, Erving and North-field, from the treasury of said county, the sum of eight hundred dollars, to be divided between the towns aforesaid, in the same proportions as mentioned in section one of this act.
Section 3. This act shall take effect upon its passage.
Approved March 16,1876.
Be it enacted, etc., as follows:
Section 1. The town of Erving may supply itself and its inhabitants with water for the extinguishment of fires and for domestic and other purposes ; may establish fountains and hydrants, re-locate or discontinue the same, may regulate the use of such water, and fix and collect rates to be paid for the use of the same.
Section 2. The said town for the purposes aforesaid, and the purposes named in section ten, may take, by purchase or otherwise, and hold the waters of Long Pond in the towns of Erving and Warwick at any point in either of said towns, and may by a proper dam, or dams, raise the level of the waters of said pond to any height desirable to facilitate the taking of water therefrom at some convenient point in the town of Erving and to supply a suitable storage reservoir; and may also take, by purchase or otherwise, and hold any water lights connected with said pond, and also all lands, rights of way and easements necessary for holding and preserving said water and for conveying the same to any part of said town of Erving, or to any part of the town of Montague lying within one mile from the railroad bridge over Millers River between said towns; and may erect on the land thus taken or held proper dams, buildings, fixtures and other structures, and may make excavations, procure and operate machinery, and provide such other means and appliances as may be necessary for the establishment and maintenance of complete and effective water works ; and may construct and lay down conduits, pipes and other works, under or over any lands, water courses, railroads, or public or private ways, and along any such way, in such manner as not unnecessarily to obstruct the same ; and for the purpose of constructing, maintaining and repairing such conduits, pipes and other works, and for all proper purposes of this act, said town of Erving may dig up any such lands, and, under the direction of the board of selectmen of the town in which any such ways are situated, may enter upon and dig up any such ways, in such manner as to cause the least hindrance to public travel on such ways.
Section 3. The said town shall, within sixty days after the taking of any lands, rights of way, water rights, water sources or easements as aforesaid, otherwise than by purchase, file and cause to be recorded, in the registry of deeds for the county within which such lands or other property is situated, a description thereof sufficiently accurate for identification, with a statement of the purpose for which the same were taken, signed by the water commissioners hereinafter provided for.
Section 4. The said town shall pay all damages sustained by any person or corporation in property by the taking of any land, right of way, water, water source, water right or easement, or by any other thing done by said town under the authority of this act. Any person or corporation sustaining damages as aforesaid under this act, who fails to agree with said town as to the amount of damages sustained, may have the damages assessed and determined in the manner provided by law when land is taken for the laying out of highways, on application at any time within the period of three years from the taking of such land or other property, or the doing of other injury, under the authority of this act; but no such application shall be made after the expiration of said three years. No application for assessment of damages shall be made for the taking of any water, water right, or for any injury thereto, until the water is actually withdrawn or diverted by said town under the authority of this act.
Section 5. The said town may, for the purpose of paying the necessary expenses and liabilities incurred under the provisions of this act, issue from time to time bonds, notes or scrip, to an amount not exceeding in the aggregate one hundred thousand dollars; such bonds, notes and scrip shall bear on their face the words "Erving Water Loan ;" shall be payable at the expiration of periods not exceeding thirty years from the date of issue; shall bear interest payable semi-annually, at a rate not exceeding six per centum per annum, and shall be signed by the treasurer of the town, and be countersigned by the water commissioners hereinafter provided for. The said town may sell such securities at public or private sale, or pledge the same for money borrowed for the purposes of this act, upon such terms and conditions as it may deem proper. The said town shall provide, at the time of contracting said loan, for the establishment of a sinking fund, and shall annually contribute to such fund a sum sufficient, with the accumulations thereof, to pay the principal of said loan at maturity. The said sinking fund shall remain inviolate and pledged to the payment of said loan, and shall be used for no other purpose.
Section 6. The said town, instead of establishing a sinking fund, may, at the time of authorizing said loan, provide for the payment thereof in such annual proportionate payments as will extinguish the same within the time prescribed in this act; and when such vote has been passed the amount required thereby shall, without further vote, be assessed by the assessors of said town in each year thereafter, until the debt incurred by said loan shall be extinguished, in the same manner as other taxes are assessed under the provisions of section thirty-four of chapter eleven of the Public Statutes.
Section 7. The return required by section ninety-one of chapter eleven of the Public Statutes shall state the amount of any sinking fund established under this act, and if none is established whether action has been taken in accordance with the provisions of the preceding section and the amounts raised and applied thereunder for the current year.
Section 8. The said town shall raise annually by taxation a sum which, with the income derived from the water rates, will be sufficient to pay the current annual expenses of operating its water works, and the interest as it accrues on the bonds, notes and scrip issued as aforesaid by said town, aud to make such contributions to the sinking fund and payments on the principal as may be required under the provisions of this act.
Section 9. The said town may purchase from the owner of any aqueduct or water pipes now used in furnishing water to the inhabitants to be supplied by said town, all or any of the estate, property, rights and privileges of such owner, and by such purchase shall become subject to all the liabilities and duties to such owner appertaining.
Section 10. To secure water under this act for the inhabitants of the village of Millers Falls, and others conveniently supplied from pipes leading thereto, and for fire district purposes, any part of the town of Montague within one mile from said railroad bridge, and any part of the town of Erving, may be erected into a fire district under the provisions of law relating to fire districts existing when such fire district may be constituted, without petition to either town to raise taxes for-a fire department or waiting for the refusal of such town so to do, which fire district shall be called Millers Falls Fire District. Said fire district may contract with the town of Erving to supply water to its inhabitants under this act, and by such contract said town and fire district may fix the amount and terms of such supply to be modified as therein agreed, and said fire district may therein obligate itself to pay to the town of Erving, on terms of payment to be therein provided for, such moneys as may be agreed upon, above the amounts to be collected in water rates, for providing such supply, and the parties to said contract may also therein establish such differential rates for water, to be paid by inhabitants of the town of Montague residing in said fire district, as may seem just to equalize the cost thereof with the cost to the inhabitants of Erving residing in said fire district, and paying the town taxes raised to provide said supply, and may provide for modification of said rates from time to time. The moneys to be paid by said fire district to said town under said contract shall be raised by taxation in said fire district in the manner of raising other fire district taxes and paid to the treasurer of the town of Erving, and shall be applied, so far as may be, toward payment of the sums required of said town for the purposes of this act. No contract made under this section shall be valid unless ratified by two-thirds of the voters of the town of Erving present and voting thereon at a legal town meeting called for the purpose, and two-thirds of the voters of said fire district present and voting thereon at a legal fire district meeting called for the purpose, which two-thirds of the voters of said fire district shall include two-thirds of all the voters of said fire district residing in said town of Montague. On failure to conclude such contract the town of Erving may furnish water to the inhabitants of the town of Montague living within one mile from said railroad bridge, on such terms as the water commissioners may from time to time prescribe. This section shall not be held to compel the town of Erving to furnish water to non-residents thereof.
Section 11. 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 either of the above wilful or wanton acts shall be punished by a fine not exceeding three hundred dollars or by imprisonment not exceeding one year.
Section 12. The said town shall, after its acceptance of this act, at a legal meeting called for the purpose, 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 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 said town by this act, and not otherwise specifically 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; the said commissioners shall be trustees of the sinking fund herein provided for, and a majority of said commissioners shall constitute a quorum for the transaction of business relative both to the water works and to the sinking fund. 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.
Section 13. Section two of chapter one hundred and sixty-seven of the acts of the year eighteen hundred and eighty-four is hereby amended by striking out the words "Long Pond in Warwick or"; and all rights of the Orange Water Works to take, hold or convey the waters of said Long Pond are hereby annulled.
Section 14. Section thirteen of this act shall take effect upon its passage, and the first twelve sections thereof shall take effect upon their acceptance by a two-thirds vote of the voters of said town, present and voting thereon at a legal town meeting called for the purpose, within three years from their passage ; but the number of meetings so called in any year shall not exceed three.
Approved April 23, 1885.
Be it enacted, etc., as follows:
Section 1. The limits of the Millers Falls Water Supply District, as established under chapter one hundred and fifty of the acts of the year eighteen hundred and ninety-six, are hereby extended so as to include the territory lying in the town of Erving in the county of Franklin, designated and known as precinct number two. The territory hereby annexed to said district shall be subject to all the rights, privileges, liabilities and powers belonging to said district under the provisions of said chapter one hundred and fifty of the acts of the year eighteen hundred and ninety-six.
Section 2. Said district, for the purpose of enlarging and extending its water works, may issue bonds, notes or certificates of debt, to be denominated on the face thereof, Millers Falls Water Supply District Loan, to an amount not exceeding thirty thousand dollars in addition to the amount heretofore authorized by law to be issued by said district for water supply purposes. Said bonds, notes or certificates of debt shall be issued upon the same terms and conditions and with the same powers as are provided in chapter one hundred and fifty of the acts of the year eighteen hundred and ninety-six for the issue of the Millers Falls Water Supply District Loan, except that the rate of interest thereon shall not exceed four per cent.
Section 3. Whenever a tax is duly- voted by said district the clerk shall apportion, in accordance with the valuation of property situate in each part of said district, all and singular, such sums of money voted to be raised by said district for the purposes specified in this act and in chapter one hundred and fifty of the acts of the year eighteen hundred and ninety-six, and shall render a certified copy of the vote, with the apportionment made by said clerk, to the assessors of the towns of Montague and Erving. Said tax shall be assessed, collected and deposited in accordance with the provisions of chapter one hundred and fifty of the acts of the year eighteen hundred and ninety-six.
Section 4. This act shall take effect when accepted by a majority of the legal voters of said district present and voting thereon at a legal meeting called for that purpose.
Approved June 28, 1902.
Be it enacted, etc., as follows:
Section 1. The proceedings of the town of Erving at its annual meeting in the year nineteen hundred and four shall not be invalid by reason of the omission to call said meeting to order at the time named in the warrant therefor, or within one hour thereafter; nor by reason of the failure to open the polls for the election of town officers of said meeting as early as the hour of twelve o'clock, noon ; nor by reason of the omission to keep open the polls for the election of town officers at said meeting at least four hours; and the proceedings of the town at said meeting, so far as their validity may be affected by the informalities aforesaid, are hereby confirmed and made valid.
Section 2. This act shall take effect upon its passage.
Approved April 29, 1904.
Be it enacted, etc., as follows:
Section 1. The Millers Kalis Water Supply District, incorporated in the town of Montague by chapter one hundred and fifty of the acts of the year eighteen hundred and ninety-six, the limits of which were extended into the town of Erving by chapter five hundred of the acts of the year nineteen hundred and two, and which was authorized to generate, store and sell electricity for light, heat or power, by chapter two hundred and twenty-one of the acts of the year nineteen hundred and three, is hereby authorized to purchase electricity for light, heat or power, from any person, corporation or municipality, and to convey, distribute, store, sell and use the same.
Section 2. This act shall take effect upon its passage.
Approved June 21, 1907.
Be it enacted, etc., as follows:
Section 1. The inhabitants of that part of the town of Erving which is bounded as follows: -
Beginning on the east side of a brook on Miller's river at land formerly of B. A. Gunn, and thence running northerly on said brook, and continuing northerly on the line between precinct number one and precinct number two of said town to a monument at the boundary line between the towns of Northfield and Erving; thence northeasterly on the boundary line between said towns of Northfield and Erving to a monument at the junction of the boundary lines of the towns of Northfield, Warwick and Erving; thence southeasterly on the boundary line between said towns of Warwick and Erving to a monument at the boundary line between the towns of Warwick and Orange; thence in the same direction on the boundary line between said towns of Orange and Erving to Miller's river; thence westerly on said river to the place of beginning, -
Are hereby made a body corporate and constituted a district, to be known as the Erving Electric Light District, for the purpose of supplying electricity to said district and said town and to the respective inhabitants thereof for light, heat or power, except for the operation of electric cars, and except within the territory of the Miller's Falls Water Supply District; and for said purpose said district shall have all the powers and privileges and be subject to all the duties, restrictions and liabilities of a town duly authorized to acquire and maintain a plant for the distribution of electricity under the provisions of chapter thirty-four of the Revised Laws and of all acts now or hereafter in force relative thereto, so far as the same are applicable to said district and not inconsistent with the provisions of this act.
Section 2. Said district shall not acquire a plant for the distribution of electricity until the district has been so authorized by a vote of two thirds of the legal voters thereof taken by ballot with the use of the voting list at each of two meetings of said voters, called for the purpose, and held at intervals of not less than two months within two years after the passage of this act.
Section 3. The first meeting prescribed by the preceding section shall be called on petition of not less than seven freeholders, inhabitants of the district, by a warrant from the selectmen of the town of Erving, or from a justice of the peace, directed to one of the petitioners, requiring him to give notice of the meeting by posting copies of the warrant in at least six public places in the district, not less than seven days prior to the meeting, or by publishing the same in a newspaper, if there be any, published in the town of Erving. The warrant shall specify that the object of the meeting is to consider the expediency of acquiring a plant for the distribution of electricity under the authority of this act. One of the selectmen, or the justice of the peace calling the meeting, shall preside at the same until a clerk is chosen and sworn, and the clerk shall preside until a moderator is chosen. The clerk and the moderator shall be elected by ballot. The second meeting prescribed by the preceding section shall be called by said clerk and notice of the meeting shall be given in the manner hereinbefore described for notifying said first meeting.
Section 4. Said district may, subject to all general laws and to the by-laws and regulations of the town of Erving relating thereto, erect, maintain and operate lines for the transmission of electricity for light, heat or power in, under, upon and along the public ways of said town, both within and without the territorial limits of said district, except within the territory of the Miller's Falls Water Supply District.
Sectiox 5. If said district shall vote, as hereinbefore provided, to acquire a plant for the distribution of electricity, the district may, for the purposes set forth in section seven of chapter thirty-four of the Revised Laws and in all acts in amendment thereof and in addition thereto, issue bonds, notes or scrip upon the votes and subject to the limitations provided therein and in section eight of said chapter. The whole amount of bonds, notes and scrip so issued shall not exceed five per cent of the valuation of said district according to the last preceding valuation thereof by the assessors of the town of Erving. The said securities shall be signed by the treasurer and countersigned by a majority of the electric light commissioners of the district, and the same provision shall be made for the payment of the debt so created as for a debt created by a town for like purposes.
Section 6. Said district shall annually raise by taxation levied upon the taxable property of the district, the excess of the expense of its electric light plant over the estimated income from sales of electricity to private consumers and to the town of Erving for municipal uses beyond the territorial limits of said district; and said expense and income shall be defined and estimated as provided in section four of chapter four hundred and ten of the acts of the year nineteen hundred and five, and in acts in amendment thereof and in addition thereto. No bonds, notes or scrip shall be issued for the annual expense of the plant as thus defined, but said district may, by ordinary vote, incur debts for temporary loans in anticipation of the taxes and receipts of the municipal year in which such debts are incurred, provided that such loans are expressly made payable from such taxes and receipts.
Section 7. The clerk of the district shall certify to the assessors of the town of Erving all votes of the district authorizing interest to be added to taxes and all sums of money voted to be raised, which, together with all amounts required by law to be raised by taxation by said district, shall be assessed and collected upon the property, real and personal, within the district in the same manner as town taxes and shall be paid over to the treasurer of the district. The assessors, treasurer and collector of the town of Erving shall have the powers and perform the duties relative to the assessment and collection thereof which they have and perform relative to the assessment, collection and abatement of town taxes.
Section 8. If said district shall vote to acquire a plant for the distribution of electricity as hereinbefore provided, it shall at the second meeting prescribed by section two, or at a subsequent meeting called for the purpose, choose by ballot three citizens of the district to constitute a board of electric light commissioners, to hold office one for one year, one for two years and one for three years from the next succeeding annual meeting of the district, and thereafter at each annual meeting one for a term of three years, and until their successors are chosen and qualified; and said board of electric light commissioners shall have the powers and authority and perform the duties provided by law for the selectmen or municipal light board of a town which has acquired an electric light pi ant. Any vacancy occurring in said board from any cause may be filled for the remainder of the unexpired term by said district at a meeting called for the purpose. If the district shall establish a sinking fund for the extinguishment of a debt created by the district, said board shall act as the commissioners thereof.
Section 9. The clerk chosen at the first meeting of the district, as hereinbefore provided, shall hold office until one year after the next succeeding annual meeting of the district and until his successor is chosen and qualified. He may be removed by the district, and in case of a vacancy another may be chosen; or in such case and in case of his disability, the board of electric light commissioners may appoint a clerk pro tempore, who shall be sworn and shall perform the duties of clerk until the vacancy is filled or the disability is removed. The clerk shall perform the duties imposed by sections four and five and be subject to the penalty imposed by section six of chapter thirty-four of the Revised Laws upon the clerk of a town which has voted to acquire a municipal light plant.
Section 10. Said district shall choose a treasurer who shall give bond for the faithful performance of his official duties in a sum and with sureties approved by the board of electric light commissioners but at the expense of the district. He shall receive all moneys belonging to the district, and shall pay over and account for the same according to its order or the order of said board. If the treasurer is prevented from performing his official duties or if his office is vacant, said board may appoint a treasurer pro tempore who shall give bond in like manner as the treasurer, and shall hold office until another is chosen.
Section 11. Meetings of the district shall be called by the clerk when so requested in writing by the board of electric light commissioners or by seven voters of the district, and he shall give notice of the same by posting written notices, briefly stating the purpose thereof, in at least six public places in the district, not less than seven days prior to the meeting, or by publishing the same in a newspaper, if there be any, published in the town of Erving. At each meeting a moderator shall be chosen, who shall have the powers of the moderator of a town meeting. The clerk shall preside until a moderator is chosen. The district shall hold its annual meeting at such time within the months of February, March or April, as it may by by-law prescribe, but its fiscal year shall be the same as the fiscal year of the town of Erving.
Section 12. The registrars of voters of the town of Erving shall, at least ten days before the annual meeting of the district and at least seven days before the meetings prescribed in section two of this act, make correct alphabetical lists of all persons qualified to vote in such meetings; shall cause such lists to be posted in two or more public places in said district; and shall correct said lists in the same manner in which they are required by law to correct voting lists for town elections.
Section 13. Said district may adopt by-laws, rules and regulations for the management of the district not inconsistent with this act or with the laws of the commonwealth, and may provide and choose such other officers not herein mentioned as it may deem necessary and proper. But no by-law, rule or regulations which impose a penalty shall be in force until approved by the attorney-general and published at least three times in one or more newspapers published in the town, if there be any, otherwise in one or more newspapers published in the county of Franklin.
Section 14. Said district may purchase electricity for the purposes herein authorized from any person, corporation or municipality authorized by law to sell the same.
Section 15. This act shall take effect upon its passage but shall become void unless said district, in accordance with the provisions of sections two and three, shall have been authorized within two years after the passage of this act to acquire a plant for the distribution of electricity.
Approved June 15, 1909.
Be it enacted, etc., as follows:
Section 1. The town of Erving is hereby authorized to permit the Millers Falls Company to connect its property in the village of Millers Falls in the said town by a passageway or bridge built over the way leading from Bridge street to River street in said village; the bridge to be not less than twelve feet above the roadway, not more than thirty-five feet wide, and otherwise constructed in such manner as shall be approved by the selectmen of the town of Erving.
Section 2. Any person whose property is damaged by reason of the construction of a bridge as aforesaid may have the damages determined by a jury upon petition to the superior court filed within one year after the permit was approved by the selectmen, as above provided.
Section 3. This act shall be submitted to the voters of the town of Erving at the annual town meeting in the current year, and shall take effect upon its acceptance by a majority of the voters voting thereon.
Section 4. This act shall take effect upon its passage.
Approved February 9, 1912.
Be it enacted, etc., as follows:
Section 1. The inhabitants of the town of Erving, liable to taxation in said town and residing within the territory included in voting precinct number one as now established and defined upon the records of the said town, shall constitute a water district, and are hereby made a body corporate under the name of Erving Water District for the purpose of supplying said district with water for the extinguishment of fires and for domestic and other uses, subject to all general laws now or hereafter in force relating to such districts, except as otherwise provided herein.
Section 2. Said district for the purpose aforesaid, may take, or acquire by purchase or otherwise, and hold the waters, or any part thereof, of any pond, stream, brook, spring or well within the limits of the town of Erving, of Long pond in the towns of Erving and Warwick, subject to the rights of the town of Erving under chapter one hundred and eighty-seven of the acts of eighteen hundred and eighty-five, at any point in either of said towns and all waters connected with such sources, and may obtain water by means of bored, driven, artesian or other wells or galleries on any land within the town of Erving, and may convey the same through the towns of Erving and Warwick, and convey and distribute the same through said district: provided, however, that no source of water supply shall be taken without the consent of the state department of health. It may also take, or acquire by purchase or otherwise, such land on and around the margin of said Long pond, as may be necessary for the preservation and purity of said waters, and may take, or acquire by purchase or otherwise, and hold all other lands, rights of way and easements necessary for the establishment and maintenance of its system of water supply, for obtaining water by means of wells or galleries as aforesaid, for holding, storing, purifying, protecting and preserving such waters, or for conveying the same to and through said district. The town may erect, drive, build and construct on the lands so acquired any wells, galleries, buildings, fixtures, or structures and do such other things as may be necessary for providing and maintaining a complete and effective system of water works, and for that purpose may locate, relocate and maintain hydrants, lay and maintain aqueducts, conduits, pipes and other works in, under or over or across any land, water courses, railroads, railways, state, public or other ways, and along such ways in the town of Erving, in such manner as will not unnecessarily obstruct the same, and may dig up, raise and embank any such land, highways or other ways, in such manner as to cause the least hindrance to public travel. All things done upon any street or highway shall be subject to the direction of the selectmen of the town of Erving, and said district 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 public service commission.
Section 3. Said district in order to take any lands, waters, water sources, water rights, rights of way, easements or other property by right of eminent domain shall file and cause to be recorded in the registry of deeds for the county of Franklin a statement containing a description as specific as is required in a common conveyance of land, with a statement that the property is taken for said district under the provisions of this act, and a statement of the purposes for which the same is taken, signed by the water commissioners hereinafter provided for, and upon such recording the lands, waters, water sources, water rights, easements and other property shall be taken by said district, and the title to all property taken or purchased under the provisions of this act shall vest in said district, and may be managed, controlled and improved by said board of water commissioners, but no registered land shall be deemed to have been taken until the provisions of section eighty-nine of chapter one hundred and twenty-eight of the Revised Laws have been complied with.
Section 4. Said district shall pay all damages to property sustained by any person or corporation by any taking, or by any other thing done by said district under the authority of this act. Any person or corporation sustaining damages as aforesaid and failing to agree with said district as to the amount thereof may have the same assessed and determined in the manner provided in the case of land taken for highways, by making application therefor within two years after such taking or after the doing of other injury under the authority of this act, but no such application shall be made after the expiration of said two years.
Section 5. The Erving Water District is hereby authorized to furnish and sell water to persons or corporations in the town of Wendell, and to lay and maintain water pipes and hydrants under and upon any public or private ways in the town of Wendell adjacent to and within one half mile of the southerly line of said district; but any work in any public way necessary for the said purpose shall be done with the least possible hindrance to public travel, and shall be subject to the direction and approval of the selectmen of the town of Wendell.
Section 6. The said district, for the purpose of paying the necessary expenses and liabilities incurred under the provisions of this act, may issue from time to time bonds or notes to an amount not exceeding fifty thousand dollars. Such bonds or notes shall bear on their face the words, Erving Water District Water Loan, Act of 1918, shall be payable at the expiration of periods not exceeding thirty years from the respective dates of issue, shall bear such rates of interest as the treasurer and commissioners may determine, and shall be signed by the treasurer of the district and countersigned by the water commissioners hereinafter provided for. The district may sell the securities at public or private sale, upon such terms and conditions as it may deem proper, but not for less than their par value, and the proceeds, except premiums, shall be used only for the purposes herein specified.
Section 7. Said district shall, at the time of authorizing said loan or loans, provide for the payment thereof in accordance with the provisions of section five of chapter eighty-five of the General Acts of nineteen hundred and fifteen and all acts in amendment thereof and in addition thereto, in such a manner that any loan issued under authority of this act shall be paid within the period specified in section six; and when a vote to that effect has been passed, a sum which, with the income derived from water rates, will be sufficient to pay the annual expense of operating its water works and the interest as it accrues on the bonds or notes issued as aforesaid by said district, and to make such payments on the principal as may be required under the provisions of this act shall, without further vote, be assessed on said district by the assessors of the town, annually thereafter, in the same manner as other taxes, until the debt incurred by said loan or loans is extinguished.
Section 8. Whenever a tax is duly voted by said district ; for the purposes of this act, the clerk shall send a certified . copy of the vote to the assessors of the town of Erving who shall assess the same in the same manner in all respects as town taxes are required by law to be assessed. The assessment shall be committed to the town collector who shall collect the tax in the manner provided for the collection of town taxes, and shall deposit the proceeds with the district treasurer for the use and benefit of the district. The district may collect interest on overdue taxes in the same manner in which interest is authorized to be collected on town taxes.
Section 9. Said water commissioners may make contracts with persons or corporations for supplying water and with the town of Erving for the use of hydrants for protection against fire; may fix and collect water rates for the use of water, may discontinue or shut off water for the nonpayment of rates and for violation of the terms of any contract or agreement which may be made hereunder. The town of Erving may make contracts with said water commissioners for the use of hydrants as aforesaid, and may appropriate money to pay for such use.
Section 10. The first meeting of the district shall be called on petition of five or more legal voters residing therein, by a warrant from the selectmen of the town of Erving, or from a justice of the peace, directed to one of the petitioners requiring him to give notice of the meeting by posting copies of the warrant in two or more public places in said district seven days at least before the time of said meeting. One of the petitioners shall preside at the meeting until a clerk is chosen and sworn, and the clerk shall preside until a moderator for the meeting is chosen. After the choice of a moderator for the meeting the question of the acceptance of this ad shall be submitted to the voters and if it shall be accepted by a majority vote of the voters present and voting thereon it shall take effect, and the meeting may then proceed t(act upon such other articles as may be contained in tin warrant.
Section 11. Said district shall, after the acceptance o this act as aforesaid, elect by ballot a district clerk and ; district treasurer, who may be the same person, to hold office for the term of one year from the next annual meeting, and thereafter their successors shall be elected annually by ballot; and there shall also be elected three persons to constitute a board of water commissioners, and to serve, one for the term of three years, one for the term of two years and one for the term of one year from the next succeeding annual meeting. At each annual meeting thereafter one such commissioner shall be elected by ballot for the term of three years. All officers of the district shall hold office until their successors are elected and qualified. All the authority granted to said district by this act and not otherwise specifically provided for shall be vested in said board of water commissioners. Any vacancy occurring on said board from any cause may be filled for the remainder of the unexpired term by said district at any legal meeting called for the purpose. No money shall be drawn from the district treasury except upon a written order of a majority of the board. Said commissioners shall annually make a full report in writing to the district of their doings and expenditures.
Section 12. After the acceptance of this act and the election of district officers as aforesaid at the first meeting of said district the district may raise and appropriate such sums of money as may be necessary to defray district charges until the next annual district meeting.
Section 13. The annual district meeting shall, and any special meeting may, be called by a warrant signed by the district clerk and a majority of the board of water commissioners directed to any one of the constables of the town of Erving and posted in at least two public places in the district seven days at least before the meeting. Upon the application of five or more legal voters residing in the district meetings may also be called by warrant as provided in section ten. Said district may adopt by-laws fixing the day and hour for the annual meeting and for the conduct of its affairs: provided, however, that nothing therein shall conflict with the provisions of this act or with the general laws relating to water districts.
Section 14. In all cases of property, real or personal, taken by eminent domain under the authority of this act, the district may at any time after such taking estimate and award to any person or corporation injured thereby the damages recoverable therefor, and may offer in writing to pay to such person or corporation the amount of such award, with interest thereon as provided by law, from the date of such taking, together with taxable costs if a petition or other proceeding for assessment of such damages is pending. The person or corporation to whom or to which such offer is made, may reject or accept the same and acceptance thereof may be either in full satisfaction of all damages so sustained, or as a payment pro tanto without prejudice to any right to have said damages assessed by a jury or other competent tribunal. After notice of such offer, made as aforesaid, or payment of the amount thereof, if payment be made, no interest shall be recoverable, except upon such amount in damages as shall, upon final adjudication, be in excess of the amount of said offer: provided, that all taxable costs accruing subsequently to said offer shall be recoverable by the petitioner in all cases.
Section 15. This act shall take effect upon its passage, but shall become void unless accepted by a majority vote of the voters of said district present and voting thereon at any legal meeting called for the purpose within three years from its passage.
Approved May 28, 1918.
Be it enacted, etc., as follows:
Section 1. The acts and proceedings of the Erving Water District at a district meeting held October twenty-fifth, nineteen hundred and twenty, are hereby validated and confirmed, and said meeting is hereby declared to be the annual meeting of said district for the year nineteen hundred and twenty, and all officers elected at said meeting shall hold office for the several terms for which they were elected, notwithstanding the failure of said district to comply with the provisions of chapter one hundred and seventy-two of the Special Acts of nineteen hundred and eighteen.
Section 2. This act shall take effect upon its passage.
Approved February 9, 1921.
Be it enacted, etc., as follows:
Section 1. For the purpose of promoting patriotism and loyalty to country, the town of Erving may annually appropriate money for the purpose of contributing toward the payment of the rent of the quarters of the post of The American Legion in that part of the town of Montague known as Millers Falls to the same extent as if said quarters were situated within the limits of said town of Erving.
Section 2. This act shall take effect upon its passage.
Approved February 29, 1928.
Be it enacted, etc., as follows:
Section 1. Section one of chapter fifty-six of the acts of nineteen hundred and twenty-eight is hereby amended by inserting after the word "Legion" in the fifth line the words: - and of the post of the Veterans of Foreign Wars, - so as to read as follows: -
Section 1. For the purpose of promoting patriotism and loyalty to country, the town of Erving may annually appropriate money for the purpose of contributing toward the payment of the rent of the quarters of the post of The American Legion and of the post of the Veterans of Foreign Wars in that part of the town of Montague known as Millers Falls to the same extent as if said quarters were situated within the limits of said town of Erving.
Section 2. This act shall take effect upon its passage.
Approved March 12, 1935.
Be it enacted, etc., as follows:
That portion of the state highway known as route 2, beginning at the junction of the highway known as U.S. route 7 on Main street in the town of Williamstown and extending easterly through the town of Greenfield to the junction of the state highway known as route 63 in the town of Erving, shall be known and designated as the Mohawk Trail, and suitable markers bearing said designation shall be erected and maintained along said highway by the state department of public works.
Approved June 1, 1953.
Be it enacted, etc., as follows:
The new bridge under construction on route 63 connecting the towns of Erving and Montague shall, upon its completion, be designated as the Erving-Montague Veterans Memorial Bridge. The department of public works is hereby authorized and directed to place on said bridge a suitable plaque bearing said designation.
Approved March 15, 1954-
Be it enacted, etc., as follows:
For the purpose of increasing its water supply the Erving Water District may issue, from time to time, bonds or notes to an amount not exceeding five hundred thousand dollars. Such bonds or notes shall bear on their face the words, Erving Water District Water Loan, Act of 1965, shall be payable at the expiration of periods not exceeding thirty years from their respective dates of issue, shall bear such rates of interest as the treasurer and water commissioners of said district determine, and shall be signed by said treasurer and countersigned by said commissioners hereinafter provided for. Said district may sell such bonds or notes at public or private sale, upon such terms and conditions as it may deem proper, but not for less than their par value, and the proceeds, except premiums, shall be used only for the purposes herein specified.
Approved April 14, 1965.
Be it enacted, etc., as follows:
Section 1. The formation of the Athol-Franklin County Regional Vocational School District consisting of the towns of Ashfield, Athol, Bernardston, Buckland, Charlemont, Colrain, Deerfield, Erving, Greenfield, Leyden, Leverett, New Salem, Northfield, Petersham, Shelburne, Shutesbury, Sunderland and Warwick, hereinafter called the member towns, is hereby confirmed in all respects, notwithstanding that the town of Gill voted not to approve the agreement dated February sixteenth, nineteen hundred and sixty-five and that the result of the vote to accept the agreement taken in the town of Bernardston on April twenty-sixth, nineteen hundred and sixty-five was not announced by the moderator in open meeting prior to adjournment.
Section 2. The agreement between the member towns dated February sixteenth, nineteen hundred and sixty-five, and accepted by the member towns on April twenty-sixth, nineteen hundred and sixty-five, is declared to be in effect in the Athol-Franklin County Regional Vocational School District. Section one of the agreement shall be deemed to provide for twenty-three members of the regional district school committee. All references to the town of Gill in the agreement shall be deemed to have been deleted.
Section 3. This act shall take effect upon its passage.
Approved June 22, 1965.
Be it enacted, etc., as follows:
Section 1. Subject to the provisions of chapter six hundred and ninety-three of the acts of nineteen hundred and fifty-five, as amended, the boards, officers and agencies having control of the lands of the commonwealth hereinafter described are hereby authorized and directed, to transfer said lands, or such portions thereof as the department of public works may determine, to the control of said department, and said department is hereby authorized to divert said lands from their present public uses to highway use, as hereinafter provided.
Said lands to be so transferred and diverted are shown on a map entitled, "Commonwealth of Massachusetts Department of Public Works — Public Lands Needed for Highway Purposes, November 4, 1970", which said department is hereby directed to file in the office of the state secretary and which said secretary is hereby authorized to receive for filing, and are identified as follows:
1. Approximately sixty-two acres contained in six parcels at and near the southerly boundary of the Erving State Forest in the town of Erving, and approximately twenty-two acres at and near the southerly boundary of that portion of the Orange State Forest located northerly of Millers River in the town of Orange, as shown on said map, now under the control of the Department of Natural Resources and dedicated to forestry and recreation purposes, to be used for the relocation of Route 2.
2. Approximately two hundred acres contained in nine parcels in the vicinity of the southerly portions of the Erving and Orange State Forests and lying northerly of Miller River, as shown on the map referred to in section one, to 'be acquired by the Department of Public Works solely because of the isolation of said lands by the relocation of Route 2 in said towns, and not required for said relocation.
Section 2. Subject to the provisions of chapter six hundred and ninety-three of the acts of nineteen hundred and fifty-five, as amended, the department of public works, acting for and on behalf of the commonwealth, is hereby authorized to acquire by eminent domain under chapter seventy-nine of the General Laws, or to acquire by purchase or otherwise, the public lands hereinafter described, or such portions thereof as said department may determine, and to divert said lands from their present public uses to highway use, as hereinafter provided.
Said lands to be so acquired and diverted are shown on plans contained in the map referred to in section one, and are identified as follows:
In the town of Erving to be used for the relocation of Route 2 — 
1. Approximately one and five tenths acres northerly of the existing location of said Route 2 and westerly of Mountain Road, as shown on said map referred to in section one, now owned by said town but not dedicated to any public use.
2. Approximately one and one tenth acres along Mountain Road in an unused portion of the Erving Cemetery, as shown on said map, now owned by said town and dedicated to cemetery purposes.
3. Approximately one and two tenths acres northerly of the existing location' of said Route 2 and easterly of High Street, containing a well and appurtenances thereto, as shown on said map, now owned by said town and dedicated to water supply purposes.
Section 3. Any land transferred to or taken by the department of public works under the provisions of this act which said department determines is not required for highway purposes may be transferred to the department of natural resources for conservation and forestry purposes.
Approved August 26,1971.
Be it enacted, etc., as follows:
Section 1. The Franklin County Technical School District,, consisting of the towns of Bernardston, Buckland, Colrain, Conway, Deerfield, Erving, Gill, Greenfield, Heath, Montague, New Salem, Northfield, Rowe, Shelburne, Sunderland, Warwick and Wendell is hereby erected and constituted as a regional vocational technical school district pursuant to the provisions of chapter seventy-one of the General Laws and the agreement signed by the members of the regional school district planning board and dated September eighteenth, nineteen hundred and seventy-two.
Section 2. This act shall take effect upon its passage.
Approved April 26, 1973.
Be it enacted, etc., as follows:
Section 1. For the purpose of constructing and maintaining a sewerage system in the town of Montague and to construct and maintain transmission facilities to convey wastewaters to the wastewater treatment facility in the town of Erving, the town of Montague may, for such purpose, acquire by purchase or otherwise, or take by eminent domain under the provisions of chapter seventy-nine or chapter eighty A of the General Laws a permanent easement, and a temporary easement for construction purposes only, in the town of Erving, said permanent easement being bound and described as follows:
Lying southerly of River Street and westerly of Bridge Street, all that land of Walter J. Zuk and Kenneth P. Cibroski extending 10.00 feet both sides of the following described line, viz:
BEGINNING at a point in the southerly sideline of River Street, said point being S. 83° 12' 15" W. a distance of 180.06 feet from a point which is N. 19° 55' 15" W. a distance of 2.63 feet from a point opposite station 9 plus 48.00 in the baseline of location of the 1953 layout of Bridge Street; thence running S. 31° 18' 55" E. a distance of 183 feet, more or less, to a point in the Millers River marking the line between the towns of Montague and Erving.
Said permanent easement contains 3660 square feet more or less.
Said temporary easement is described as follows:
Two certain parcels of land each ten feet in width and running the entire length of said permanent easement hereinabove described and adjoining the most easterly and westerly boundaries of said permanent easement. Said temporary easement contains 3660 square feet more or less.
The easements described above area over land conveyed to Kenneth P. Cibroski and Walter J. Zuk by deed recorded at Book 1310, Page 256 and more completely shown on a plan entitled "Proposed Sewer Easement through land in Erving and Montague, Mass." To be recorded in the registry of deeds in Franklin county.
Said sewer system shall include such appurtenances as a vault for the flow measuring equipment, a manhole and a double siphon from said manhole to the town line.
The town of Montague shall have the right to enter said premises at any and all times for the purposes of constructing, maintaining and repairing said sewer system and the right to construct and install certain bank protection along the bank of the Millers river, which may include areas beyond the limits of said easements.
No buildings shall be constructed within the limits of said easements.
Section 2. This act shall take effect upon its passage.
Approved October 31, 1975.
Be it enacted, etc., as follows:
SECTION 1. The deputy commissioner of the division of capital planning and operations, acting for and on behalf of the commonwealth, is hereby authorized to sell and convey by deed approved as to form by the attorney general, all the right, title and interest of the commonwealth in and to a certain parcel of land in the town of Erving. Said parcel containing 9.6 acres more or less is bounded and described as follows:
A tract of land located north of Route 2 and on the westerly boundary line of land of Erving Paper Mills;
Beginning at an iron pin situated on the southerly side of Prospect Street Extension and being the northeast corner of land to be conveyed;
Thence proceeding S 4° IT E, five hundred and ten (510) feet to an iron pin;
Thence S 4° 11' E, one hundred and eighty-five (185) feet to a cement bound;
Thence N 78° 37' W, three hundred and twelve and 10/100 (312.1) feet to a cement bound;
Thence N 24° 28' E, thirty-six and 30/100 (36.3) feet to a stone bound;
Thence N 68° 11' W, one hundred ninety-six and 30/100 (196.3) feet to a stone bound;
Thence N 68° 11' W, one hundred ninety-seven and 80/100 (197.8) feet to a cement bound;
Thence N 3° 08' W, two hundred and forty (240) feet to an iron pin;
Thence N 3° 08' W, three hundred (300) feet to a point on the southerly side of Prospect Street Extension;
Thence proceeding easterly along the southerly side of Prospect Street Extension, six hundred and thirty-five (635) feet to the point beginning. Containing 9.6 acres more or less.
SECTION 2. In consideration for said conveyance provided for in section one, the commonwealth may receive payment in certain parcels of land of equal or greater value and importance for conservation purposes.
Approved December 18, 1984.
Be it enacted. etc.. as follows:
There shall be allowed and paid out of the state treasury to the town of Erving, subject to appropriation and subject to the approval of the commissioner of veterans' services, a sum not exceeding five thousand one hundred thirty dollars and two cents, as said town would have been entitled to receive in reimbursement for veterans' benefits paid by it in the years May through December, nineteen hundred and eighty-one, January through December, nineteen hundred and eighty-two, and January through March, nineteen hundred and eighty-three, under the provisions of section six of chapter one hundred and fifteen of the General Laws, had said town made a proper and reasonable report thereof to said commissioner, as required by said section six of said chapter one hundred and fifteen. As a condition of payment of such sum said commissioner shall require said town to present evidence that such sum was paid in accordance with section five of said chapter one hundred and fifteen.
Approved December 30, 1985.
Be it enacted, etc., as follows:
SECTION 1. The Franklin County Solid Waste Management District, consisting of the towns of Bernardston, Buckland, Charlemont, Colrain, Deerfield, Erving, Gill, Greenfield, Hawley, Leyden, Montague, New Salem, Northfield, Orange, Rowe, Shelburne, Sunderland, Warwick, Wendell, and Whately is hereby constituted and continued as a body politic and corporate known as the Franklin County Solid Waste Management District under the provisions of sections forty-four A to forty-four L, inclusive, of chapter forty of the General Laws with the powers provided therein and the provisions of the agreement between said towns notwithstanding any failure to comply with the provisions of said chapter forty with respect to the adoption, approval, execution or delivery of said agreement.
SECTION 2. The Franklin County Solid Waste Management District shall be subject to the provisions of section twenty A of chapter fifty-nine of the General Laws; provided, however that the limitation therein may be exceeded by a two-thirds vote of the district's governing board followed by approval by a two-thirds vote by the boards of selectmen in at least two-thirds of the member towns of said district. Each such member town's apportioned share of principal and interest on bonds, notes or certificates of indebtedness issued by the Franklin County Solid Waste Management District shall be exempt from the provisions of section twenty-one C of said chapter fifty-nine. Emergency Letter: July 18, 1989 @ 3:40 PM.
Approved June 30, 1989.
Be it enacted, etc., as follows:
The town of Erving is hereby authorized to convey to Dana Dodge and Theresa Dodge a certain parcel of land, acquired by said town for water supply purposes in a deed dated July twenty-fourth, nineteen hundred and eleven, and recorded in the registry of deeds in the county of Franklin, book 578, page 110.
Approved May 11, 1990.
Be it enacted, etc., as follows:
SECTION 1. The commissioners of the Erving Electric Light District, established by chapter four hundred and ninety-six of the acts of nineteen hundred and nine are hereby authorized to convey the real and personal assets of the district to the town of Erving, provided said town assumes the obligations, duties, indebtedness and liabilities of said district including the powers and duties provided in sections two and three.
SECTION 2. All rules, regulations and rates established by said district shall remain in force so far as consistent with this act until repealed or amended by the town of Erving. All assessments and taxes levied by the district which are unpaid on the effective date of this act shall remain in force as assets of said town to be collected and enforced by said town. All outstanding contracts of said district shall remain in force as contracts of said town.
SECTION 3. The town of Erving shall have within its boundaries the powers granted to said district within its boundaries and said town may levy charges and incur debt for the purposes of this act.
SECTION 4. Upon the completion of the conveyance authorized by the commissioners of the Erving Electric Light District said district shall be dissolved.
Approved June 26, 1990.
Be it enacted, etc., as follows:
SECTION 1. Notwithstanding the provisions of section seventy-nine of chapter forty-eight of the General Laws or any other general or special law to the contrary, the Millers Falls Fire and Water District shall, on June thirtieth, nineteen hundred and ninety-two be dissolved; and said District's assets shall be divided and distributed, and its debts assigned and assumed in accordance with the provisions of this act. For purposes of this act, said District shall be understood as acting by and through its commissioners, and the town of Erving as acting by and through its board of selectmen.
SECTION 2. Except as otherwise provided herein, from the effective date of this act until the dissolution date, the Millers Falls Fire and Water District shall continue its ordinary corporate existence, functions and services, including the power to assess properties and fees; shall continue to be obligated on and service all outstanding debts and bonds; but shall not incur further debt other than short term borrowing in anticipation of revenue; and shall not dispose of District assets.
SECTION 3. On June thirtieth, nineteen hundred and ninety-two, all street lighting services heretofore provided by the Millers Falls Fire and Water District to those portions of said District lying within the town of Erving shall cease. Thereafter said town of Erving, if and as it so determines, shall have the sole authority and responsibility for the provision or procurement of such street lighting services, and the exclusive authority to assess properties and fees therefor. All fixed assets, which for purposes of this act shall be understood to include real property and interests in real property of said District located within said town of Erving, owned by the District for street lighting purposes, shall, as of July first, nineteen hundred and ninety-two, be the property of said town of Erving. Said District shall enter into agreements prior to the dissolution date with any other corporate successor, which may include a governmental entity to be established by said District, for the purpose of assigning or contracting for the provision of street lighting services to those portions of said District lying within the town of Montague, with the authority to assign and transfer, effective July first, nineteen hundred and ninety-two, such fixed assets to said corporate successor. All fixed assets of said District located within said town of Montague, owned by said District for street lighting purposes, shall, as of July first, nineteen hundred and ninety-two, be the property of said corporate successor.
SECTION 4. On June thirtieth, nineteen hundred and ninety-two, all fire protection services heretofore provided by the Millers Falls Fire and Water District to the town of Erving shall cease. Thereafter, said town of Erving, if and as it determines to do so, shall have the sole authority and responsibility for the provision or procurement of such fire protection services, and the exclusive authority to assess properties in said town and fees therefor. All fixed assets of said District located within said town of Erving, owned by said District for fire protection, but not including fixed assets and equipment owned primarily for public water supply purposes shall, as of July first, nineteen hundred and ninety-two, become the property of said town of Erving. Said District shall enter into agreements prior to the dissolution date with any corporate successor, which may include a governmental entity to be established by said District, for the purpose of assigning or contracting for the provision of fire protection services to the Montague area, with the authority to assign and transfer, effective July first, nineteen hundred and ninety-two, such fixed assets to said corporate successor. All fixed assets of said District located within the town of Montague, owned by said District for fire protection purposes, but not including fixed assets and equipment owned primarily for public water supply purposes shall, as of July first, nineteen hundred and ninety-two, be the property of said corporate successor.
SECTION 5. On June thirtieth, nineteen hundred and ninety-two, all public water supply functions heretofore provided by the Millers Falls Fire and Water District to the town of Erving shall cease. Thereafter, said town of Erving, if and as it determines to do so, shall have the sole authority and responsibility for the provision or procurement of such public water supply services and the exclusive authority to assess properties and fees therefor. All fixed assets, owned by said District for public water supply purposes, located within said town of Erving shall, as of July first, nineteen hundred and ninety-two, become the property of said town of Erving. Said District shall enter into agreements prior to the dissolution date with any corporate successor, which may include a governmental entity to be established by said District, for the purpose of securing continued public water supply services to the town of Montague. All fixed assets of said District located within said town of Montague, owned by said District for public water supply purposes shall, as of July first, nineteen hundred and ninety-two, become the property of said District's corporate successor.
SECTION 6. All non-fixed assets of the Millers Falls Fire and Water District, not otherwise divided and distributed under sections one to five, inclusive, of this act, including liquid assets, equipment, personal property, claims and receivables, shall be equitably divided and distributed, and all debts and bonds of said District, shall be equitably assigned to the town of Erving. As of July first, nineteen hundred and ninety-two, said District or its corporate successor, and said town of Erving shall be the separate owners of the assets thus divided, and obligated on the debts and bonds thus assigned. For purposes of this act, equitable division of assets and equitable assignment of debt shall take suitably into account the current value of the assets already divided and distributed under sections three, four and five, the condition and anticipated maintenance costs thereof, and shall require a fair and equitable allocation of all remaining District assets and debts so as to achieve a balanced final total allocation of assets and debts to said town of Erving and said District's corporate successor.
Said town of Erving shall deliver to said District certified properly valuations for fiscal year nineteen hundred and ninety-two within ten business days from the date on which it receives certification from the department of revenue. If, by January thirty-first, nineteen hundred and ninety-two, equitable division of assets, and equitable assignment and assumption of debts, shall not have been settled to the mutual satisfaction of both the town of Erving and said District, and so certified by them to the department of public utilities, then the division and assignment called for under this section shall be submitted to binding arbitration before an arbitrator, which may include the department of public utilities, mutually satisfactory to the town and said District, who shall, on or before March thirty-first, nineteen hundred and ninety-two, certify his determination of the matter to said department of public utilities. The arbitrator's determination shall be binding upon the parties and their successors, and shall be deemed to have the force of law under this act. Said District, prior to the effective date of this act, and the town and the District's corporate successor, on and after the effective date of this act, shall thereupon carry out the terms of their agreements and comply with the determinations and orders of the arbitrator.
Nothing herein shall impair the integrity of any outstanding bonds issued by said District. Said town of Erving shall, on and after July first, nineteen hundred and ninety-two, be obligated on all bonded debt of said District. Said town of Erving shall thereafter service the bonded debt in accordance with the terms and provisions of the bonds. Notwithstanding the foregoing, if said town of Erving's bond obligations hereunder exceed levels established as the fair and equitable division of debts, a corresponding and equalizing adjustment shall be made in the division of other assets.
SECTION 7. In the event that by June thirtieth, nineteen hundred and ninety-two, no corporate successor to the Millers Falls Fire and Water District has been found or established, then dissolution of said District under the provisions of this act shall be deferred for up to one year to June thirtieth, nineteen hundred and ninety-three, during which time said District shall serve as the receiver of the assets and liabilities of said District, with the powers and duties, and subject to the provisions set forth in section two dealing with interim provisions for the area of the town of Montague it serves.
SECTION 8. The dates and deadlines set forth in this act may be accelerated by the joint action of the town of Erving and the commissioners of the Millers Falls Fire and Water District, and so certified to the department of public utilities.
SECTION 9. This act shall take effect upon its passage.
Approved November 5, 1991.
Be it enacted, etc., as follows:
SECTION 1. The board of the Erving Water District, established by chapter one hundred and seventy-two of the Special Acts of nineteen hundred and eighteen, is hereby authorized and directed to transfer and convey the real and personal assets of the district to the town of Erving. Said town shall thereupon assume all obligations, duties, indebtedness and liabilities of the Erving Water District. Employees of the Erving Water District, on the effective date of this act and upon their transfer to the town of Erving, shall not lose any employment benefits accrued as of the date of said transfer nor shall any such benefits be reduced.
SECTION 2. Upon completion of the conveyance authorized by section one by the board of the Erving Water District, said district shall be dissolved.
Approved March 15, 1996.
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 the provisions of section 10 of chapter 39 of the General Laws or any general or special law to the contrary, the acts and proceedings taken by the town of Erving at the town election held on May 1, 2000, and all actions taken pursuant thereto, are hereby ratified, validated and confirmed, notwithstanding any defect or omission in posting the warrant for said election.
SECTION 2. This act shall take effect upon its passage.
Approved December 7, 2000.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance by the commonwealth of a certain parcel of land in the town of Erving, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
The commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation may, notwithstanding sections 40F to 40J, inclusive of chapter 7 of the General Laws, convey, for nominal consideration, title to a certain parcel of land and any improvements thereon, located in the town of Erving, which was acquired for conservation and recreation purposes, to French King Realty, Inc. or Frank Prondecki. The parcel is shown on a plan of land entitled "Plan of Land in Erving (Franklin County), MA Surveyed for Commonwealth of Massachusetts Department Environmental Management" and dated October 22, 2002, a copy of which is on file with the department of conservation and recreation. Modifications to the plan described above may be made before conveyance to carry out the purposes of this act. No costs or expenses directly associated with the conveyance authorized by this act shall be assigned to the grantee.
Approved February 24, 2006.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
The portion of route 2 in the town of Erving from mile marker 63.0 to mile marker 65.1 shall be designated and known as the Dennis E. Rindone Roadway, in honor of the chairman of the route 2 safety improvement task force, and for his efforts in organizing and shepherding safety improvements on route 2. The Massachusetts Department of Transportation shall erect and maintain suitable markers bearing this designation in compliance with the standards of the department and historic preservations guidelines and laws.
Approved, May 3, 2010.
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 of the town of Erving may grant to Ralph Semb a license for the sale of all alcoholic beverages not to be drunk on the premises located at 63 French King highway under section 15 of said chapter 138. 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 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 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, July 18, 2012.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to allow forthwith the member towns of superintendency union 28 to enter into agreements to fund benefits for employees and retirees of the superintendency union, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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 2 of chapter 32B of the General Laws, superintendency union 28, consisting of the towns of Erving, Leverett, New Salem, Shutesbury and Wendell may, in consultation with the joint school committee, as provided in section 63 of chapter 71 of the General Laws, enter into agreements to fund benefits for employees and retirees of the superintendency union in amounts proportionate to the benefits offered by each town to municipal employees and retirees. Those agreements shall be approved by each town through a majority vote of the board of selectmen or town council in each town.
Approved, August 3, 2012.
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 chapter 32 of the General Laws or any other general or special law to the contrary and in order to promote the public good, the Franklin Regional Retirement Board shall credit Robert H. Miner with additional years to provide him with 30 years of creditable service and to use the age 65 factor of 2.5 per cent to determine his superannuation retirement allowance under said chapter 32.
Eligibility for creditable service and enhancement under this section shall be conditioned upon payment by Robert H. Miner to the Franklin Regional Retirement System of an amount equal to the contribution he would have otherwise owed for such period of creditable service and the additional cost of increasing his creditable service to 30 years and his age factor to 65 together with regular interest thereon, as determined by an actuary. The repayment shall be made in 1 sum, or in installments, as the Franklin Regional Retirement System shall prescribe. Robert H. Miner shall be entitled to and shall receive all annual cost-of-living adjustments to his annual pension granted under section 102 of said chapter 32 or any other general or special law.
SECTION 2. Notwithstanding chapter 32 of the General Laws or any other general or special law to the contrary and in order to promote the public good, the Franklin Regional Retirement Board shall credit Dana Moore, Jr. with a combination of 2 years of age or 2 years of service or a combination thereof to enhance his retirement benefit to determine his superannuation retirement allowance under said chapter 32.
Eligibility for creditable service and enhancement shall be conditioned upon payment by Dana Moore, Jr. to the Franklin Regional Retirement System of an amount equal to the contribution he would have otherwise owed for such enhancement, together with regular interest thereon. The payment and additional years shall be part of all annual cost-of-living adjustments to his annual pension granted under section 102 of said chapter 32 or any other general or special law.
SECTION 3. Section 1 shall take effect as of March 23, 2001.
Approved, July 22, 2016.
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) Any holder of an elective office in the town of Erving may be recalled and removed therefrom by the qualified voters of the same as set forth in this act.
(b) Any 100 registered voters may initiate a recall petition by filing with the town clerk an affidavit containing the name of the officer and the office held whose recall is sought and a statement of the grounds for the recall. Upon certification by the town clerk, the town clerk shall, within 7 business days, deliver to the first voter named on the affidavit, a sufficient number of copies of petition blanks demanding such recall. The blanks shall be issued by the town clerk with the town clerk's signature and official seal attached thereto, shall be dated and addressed to the board of selectmen, shall contain the name of the person whose recall is sought, the office from which the recall is sought and the grounds for the recall as stated in the affidavit and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk. The recall petition shall be returned and filed with the town clerk within 20 days following the date of issuance of the recall petition. The recall petition shall be signed by at least 20 per cent of the registered voters in the town who shall add to their signatures their place of residence, including the street and number. The town clerk shall, within 7 business days following the date of the filing, submit the recall petition to the board of registrars of voters, who shall within 5 business days after the day of receipt thereof, certify in writing thereon the number of signatures that are names of voters in the town as of the date the affidavit was filed with the town clerk. The board of registrars shall, upon completion of its certification, return the petition to the town clerk.
(c) If the petition shall be found and certified by the town clerk to be sufficient, the town clerk shall submit the same with the town clerk's certificate thereon to the selectmen without delay and the selectmen shall forthwith give to the elected officer whose recall is being sought, written notice of the receipt of the certificate. If the officer sought to be recalled does not resign within 5 days thereafter, the selectmen shall thereupon order a recall election to be held not less than 64 and not more than 90 days after the date of the town clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within 100 days after the date of the certificate, the selectmen may, in their discretion, postpone the holding of the recall election to the date of such other election. If a vacancy occurs in the office after a recall election has been ordered, the election shall nevertheless proceed as herein provided.
(d) Any officer sought to be recalled may be a candidate to succeed themselves and unless such officer requests otherwise in writing, the town clerk shall place such officer's name on the official ballot without nomination. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the same shall all be in accordance with the laws relating to elections unless otherwise provided in this act.
(e) The incumbent shall continue to perform the duties of the incumbent's office until the recall election. If the recall fails or if the incumbent is re-elected, the incumbent shall continue in office for the remainder of the incumbent's unexpired term, subject to the recall as before, except as provided in this act. If not re-elected in the recall election, the incumbent shall be deemed removed upon the qualification of the incumbent's successor and the successor shall then hold office for the remainder of the unexpired term. If the successor fails to qualify within 5 days after receiving notification of the successor's election, the incumbent shall thereupon be deemed removed and the office shall be deemed vacant.
(f) Ballots used in a recall election in the town of Erving shall submit the following proposition in the order indicated:
For the recall of (name of officer)(office held)
Against the recall of (name of officer)(office held). Immediately to the right of each proposition, there shall be a square in which the voter, by making a cross mark (X), may vote for either of the propositions. Immediately above the squares, there shall appear the direction "Vote for one". Immediately below the proposition, there shall appear the word "Candidates" and the direction "Vote for one" and, beneath this, the names of candidates nominated as hereinbefore provided. In case of machine voting or punch card or other forms of balloting, appropriate provisions shall be made to allow the same intent of the voter. If a majority of votes cast on the question of recall is in the affirmative, then the candidate who received the highest number of votes at the recall election shall be elected to fill the vacancy. If a majority of votes cast on the question of recall is in the negative, then the ballot for the candidates to fill the potential vacancy need not be counted.
(g) No recall petition shall be filed against an officer of the town within 6 months after the officer takes office or, in the case of an officer who was subjected to recall election and not removed thereby, until at least 6 months after the election at which the officer's recall was submitted to the voters.
(h) No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against that person shall be appointed to any town office within 2 years after such removal by recall or resignation.
SECTION 2. This act shall take effect upon its passage.
Approved, January 7, 2019.
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 any general or special law, by-law of the town or rules and regulations to the contrary, the executive body of the town of Erving, previously known as the board of selectmen, shall be known as the select board and shall have the powers and authority of a board of selectmen under any general or special law, by-law of the town or rules and regulations applicable thereto.
SECTION 2. This act shall take effect upon its passage.
Approved, January 4, 2020.