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1891, 370,

1893, 454,

CHAPTER 34.
OF THE MANUFACTURE AND DISTRIBUTION OF GAS

AND ELECTRICITY BY CITIES AND TOWNS. SECTION 1. A city or town may, in accordance with the Cities and provisions of this chapter, construct, purchase or lease, and manufacture

, maintain within its limits, one or more plants for the electricity and manufacture or distribution of gas or electricity for fur- 1894, 33%; $ 1. nishing light for municipal use, or light, heat or power, 158 Mass. 129. except for the operation of electric cars, for the use of its 155 Mass. 601, inhabitants. Such plants may include suitable land, struc- 163 Mass. 346. tures and machinery and other apparatus and appliances street rail. for manufacturing, using and distributing gas or electricity 168, 111., for said purposes.

SECTION 2. A city shall not acquire such a plant until Leite under it has been so authorized by a vote of two-thirds of each in cities. branch of its city council passed in each of two consecutive 12. municipal years and thereafter ratified by a majority of 2

1894, 432, the voters at an annual or special city election. If such 448. a vote is not ratified, no similar vote shall be submitted for ratification within one year thereafter. Such vote of the city council shall be subject to the approval or veto of the mayor.

SECTION 3. A town shall not acquire such a plant until it has been so authorized by a vote of two-thirds of the 3: voters, taken by ballot with the use of the voting list, at each of two town meetings called for the purpose and held at intervals of not less than two nor more than thirteen months. If such vote fails of passage at the second meeting no similar vote shall be passed within two years thereafter.

SECTION 4. After a city or town has voted under the Certification provisions of the two preceding sections, the city or town acceptance. clerk shall forthwith transmit to the board of gas and 1992, 259, electric light commissioners a certified copy of so much of the records of the city council or of the town as relates to the result of the vote.

SECTION 5. If a city or town which has authorized the acquisition of such a plant subsequently votes to establish, and ordipurchase, reconstruct, extend or enlarge a plant, or to issue 1892, 259, bonds on account of the same, or to regulate the management or conduct thereof, or to adopt an ordinance or bylaw relative to such plant, the city or town clerk shall,

- in towns. 1891, 370,

163 Mass. 346. Penalty. 1892, 259, § 4.

of subsequent votes

§ 2.

within ten days after such vote, transmit to the board of gas and electric light commissioners a certified copy thereof.

SECTION 6. A city or town clerk who fails or neglects to comply with the provisions of the two preceding sections shall, for each offence, forfeit not more than twenty-five dollars.

towns not to

or distribute

of cars.

153 Mass. 129.

163 Mass. 346.

Acts of 1906, Chapter 463, Part III., $$ 59, 60, 61, 62, 63, 165, 160. Cities and SECTION 59. A city or a town shall not manufacture or dismanufacture tribute electricity for furnishing light, heat or power for the electricity

operation of the cars of a street railway company. for operation

1891, 370, $ 1. R. L. 34, § 1.
1894, 533.

150 Mass. 592. 155 Mass. 601, 605. Certain towns SECTION 60. A town in which no person or corporation is enmay purchase electricity for gaged in the business of generating or distributing electricity for lighting purposes from

sale for lighting purposes and which is not itself engaged in such Street railway business, and which has voted or shall vote, in accordance with 1902, 148, 1. the provisions of chapter thirty-four of the Revised Laws, to 1906218.

construct one or more plants for the manufacture or distribution of electricity for furnishing light for municipal use or for the use of its inhabitants, or for both purposes, may make contracts, for a term not exceeding ten years, with any street railway company operating a street railway in such town, for the purchase of electricity from such street railway company, for the purpose of furnishing light for municipal use or for the use of its inhabitants, or for both purposes; and any street railway company may make contracts for furnishing electricity as aforesaid to a town, but the same shall not become operative unless the board of railroad commissioners shall, after public notice and a hearing, approve the

terms thereof as consistent with the public interests. Delivery of SECTION 61. The electricity supplied by a street railway comelectricity. 1902, 449, pany to a town shall be delivered to the distributing system of 8 2.

said town at some specified place or places therein, and the meter or meters through which such electricity is measured shall be a part of the distributing system.

SECTION 62. If a town voting to purchase electricity from a agreement, railroad com- street railway company is unable to agree with such company at missioners to fix price of the expiration of a contract made in accordance with the proelectricity. 1902, 449,

visions of section sixty upon the price to be paid for electricity $ 3.

by, or upon the manner in which electricity is to be furnished to, said town in the future, such town through its selectmen may apply to the board of railroad commissioners to fix the price which said town shall pay for said electricity to, and the manner

In case of dis

to certain

in which electricity shall be furnished by, said company; and thereupon the said board shall set a date for a public hearing upon such application, giving said company reasonable notice thereof; and after the hearing said board shall, if it deems the furnishing of such electricity consistent with the interests of public travel upon the railway of such company, fix the price which said town shall pay for electricity to, and the manner in which electricity shall be furnished by, said company; and said company shall thereupon furnish to said town electricity at the price and in the manner fixed by said board.

SECTION 63. A town which has contracted with a street rail- To be subject way company for the purchase of electricity shall be subject to provisions of the provisions of chapter thirty-four of the Revised Laws and of 1902, 449,

§ 4. all acts in amendment thereof or in addition thereto, so far as the same may be applicable. SECTION 155. Every state board and commission shall keep a Records of

proceedings record of its proceedings in any matter considered by it under the provisions of this chapter or under any laws affecting street

1898, 578, railways, in which it shall enter every request made by any party

R. L. 112, before it for a ruling of law and of its action upon such request, $ 98. and the neglect either to grant or refuse such request shall be taken in any judicial review of such proceedings as a refusal.

SECTION 160. This act shall not affect any act passed in the Not to affect year nineteen hundred and six unless such act is specifically re- unless, etc. pealed herein.

before
boards.

§ 25.

certain acts

Acts of 1906, Chapter 218.
An Act relative to the Purchase of Electricity by Towns from

Street Railway Companies. Section one of chapter four hundred and forty-nine of the 1902, 449, acts of the year nineteen hundred and two is hereby amended by Åmended. striking out the words “ and which is not itself engaged in such business", in the third and fourth lines, and by inserting after the word "light", in the eighth and fourteenth lines, the words: or power, so as to read as follows: - Section 1. A town Certain towns

may purchase in which no person or corporation is engaged in the business of electricity generating or distributing electricity for sale for lighting pur- railway composes, and which has voted or shall vote, in accordance with the panies. provisions of chapter thirty-four of the Revised Laws, to construct one or more plants for the manufacture or distribution of electricity for furnishing light or power for municipal use or for the use of its inhabitants, or for both purposes, may make a contract or contracts, for a term not exceeding ten years, with any street railway company or companies operating a street rail

way in such town, for the purchase of electricity from such street railway company or companies, for the purpose of furnishing light or power for municipal use or for the use of its inhabitants, or for both purposes; and street railway companies may make contracts for furnishing electricity as aforesaid to a town, but the same shall not become operative unless the board of railroad commissioners shall, after a public hearing, approve the terms thereof as consistent with the public interests. [Approved March 31, 1906.

Bonds, issue of. 1891, 370, § 4. Substitute. 1908, 341, § 4.

Issue of bonds
for municipal
lighting pur-
poses.
1908, 341,
§ 4.

[SECTION 7. A city or town which establishes, purchases, reconstructs, extends or enlarges such a plant may, by a vote taken as prescribed in section eight of chapter twenty-seven issue bonds in payment of the same. The whole amount of bonds so issued shall not, at the par value of such bonds, exceed five per cent of the valuation of the town or two and one-half per cent of the valuation of the city, according to the last preceding state valuation. Such bonds shall be payable within thirty years, shall bear interest at a rate not exceeding five per cent and shall not be disposed of for less than par and accrued interest. The indebtedness created by the issue of such bonds shall not be subject to the provisions of chapter twenty-seven, except section twelve thereof.]

Section 7. A city or town may, by a vote taken as prescribed in section eight of chapter twenty-seven, issue bonds for the purpose of establishing, purchasing, reconstructing, extending or enlarging such a plant. The whole amount of bonds so issued and outstanding at any one time shall not, at the par value thereof, exceed five per cent of the valuation of the town or two and one half per cent of the valuation of the city, according to the last preceding valuation for the assessment of taxes, of the taxable property therein. In ascertaining the amount of such bonds so outstanding the amount of the sinking fund applicable solely to payment of the bonds shall be deducted. Such bonds shall be payable within thirty years, shall bear interest at a rate not exceeding five per cent per annum, and shall not be disposed of for less than par and accrued interest. The indebtedness created by the issue of such bonds shall not be subject to the provisions of chapter twenty-seven, except section twelve thereof.

thirds vote.

Revised Laws, Chapter 27, SS 5, 8, 9, 12. [SECTION 5. A city or town which establishes, purchases, re- Limit of constructs, extends or enlarges a gas or electric lighting plant municipal within its limits may incur debt outside the debt limit prescribed 1891,9% 10, in this chapter in payment therefor to an amount not exceeding, so

Substitute. in a town, five per cent and, in a city, not exceeding two and 1908, 341,

§ 2. cne-half per cent of the last preceding state valuation.]

Section 5. A city or town may, in the manner and to the extent May incur provided in chapter thirty-four, incur debt outside the debt limit municipal prescribed in this chapter, for the purpose of establishing, pur- poses.

lighting purchasing, reconstructing, extending or enlarging a gas or electric 1908, 841, light plant within its limits. SECTION 8. Debts other than those mentioned in the two pre- Other debts

by twoceding sections shall be incurred only by a vote of two-thirds of the voters present and voting at a town meeting, or of two-thirds 1875, 209, of all the members of each branch of the city council, taken by P. S. 29, § 7. yeas and nays, and subject to the approval or disapproval of the mayor.

SECTION 9. A city or town which has incurred a debt within Issue of the limitations as to amount and time of payment prescribed by and scrip.

notes, bonds this chapter may issue bonds, notes or scrip therefor, properly 1896, 269. denominated on the face thereof, signed by its treasurer and, if issued by a city, countersigned by its mayor, or if issued by a town, countersigned by a majority of its selectmen, with interest payable semiannually at such rate as it deems proper, and may sell said bonds, notes or scrip, at not less than par, at public or private sale or may use the same in payment of such debts.

SECTION 12. The interest on all debts shall annually be raised Interest to by taxation. If a debt is payable at a period exceeding ten years, annually by

tax. Sinking the city or town shall, and in all other cases may, at the time of funds to be contracting the same, establish a sinking fund to be used for no 1875, 209, other purpose than the payment of such debt, and shall annually P. S. 29, $ $9. raise by taxation and contribute thereto an amount sufficient with 11.0p. A. G. its accumulations to extinguish the debt at maturity; and if payable at a period not exceeding ten years, the city or town shall raise by taxation annually not less than eight per cent of the principal thereof, and shall set it apart for a sinking fund until an amount has been raised sufficient with its accumulations to extinguish the debt at maturity; and shall, in the year before the maturity of the debt, raise by taxation, any balance necessary for its extinguishment.

established.

263.3

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