HomeMy WebLinkAbout2009 ATM-CERTIFIED VOTE-ARTICLE 46-PETITION LEGISLATURE-SPECIAL ACT TO INCUR DEBT-OLD CENTER UNDERGROUND UTILITIES OF NORT1l q
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TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A.Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9557
E-mail Bradshaw(dtownofnorthandover.com
This is to certify that the following vote was taken on Article 46 at the
Dissolved 2009 Annual Town Meeting held May 12, 2009 and May 13, 2009:
VOTED to adopt Article 46 as written in the warrant with the following amendments:
Delete: Section 4 in its entirety.
Renumber Section 5 to Section 4
Add: "that in addition to the foregoing petition to the General Court, the Town also vote
to petition the General Court to amend General Laws Chapter 166 and other general or
special act, to authorize a utility and any provider of cable, internet, or internet telephone
service, to impose a surcharge of(two) 2 percent on its billing to customers for whom
they provide services for cable television, internet access or internet telephone service.
ARTICLE 46 TO READ AS FOLLOWS:
AN ACT AUTHORIZING THE TOWN OF NORTH ANDOVER TO INCUR DEBT FOR THE
PURPOSE OF REMOVING OVERHEAD UTILITIES, REPLACING WITH UNDERGROUND
FACILITIES,AND AUTHORIZING A SURCHARGE TO DO THE SAME.
Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
AN ACT AUTHORIZING THE TOWN OF NORTH ANDOVER TO INCUR DEBT FOR THE
PURPOSE OF REMOVING OVERHEAD UTILITIES, REPLACING WITH UNDERGROUND
FACILITIES,AND AUTHORIZING A SURCHARGE TO DO THE SAME.
Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. The Town of North Andover may incur debt, outside the limit of
indebtedness prescribed in Section 10 of Chapter 44 of the General Laws, for the purpose
of removing or causing to be removed poles, overhead wires and associated overhead
structures used in connection with the provision of public utilities and which are located
upon, along or across public ways within Old Center Historical District, and replacing the
same with underground facilities, which project shall enhance the general quality and
public welfare of the Town. Any debt incurred hereunder shall otherwise be subject to
the provisions of said Chapter 44.
SECTION 2. Any utility organized and existing under the laws of or doing business in
the Commonwealth and which maintains poles, overhead wires or associated overhead
structures within the Town of North Andover, and the Town, subject to a majority vote of
its town meeting, may enter into, and from time to time amend, a cooperation agreement
whereby (a) the Town shall appropriate by borrowing under Section 1 of this act and
expend a sum or sums of money to remove or cause to be removed any poles and
overhead wires and associated overhead structures located within its Old Center
Historical District, and, if needed, for the continuation of such utility's service, to replace
the same or cause them to be replaced with underground facilities, and (b) the utility shall
pay to the Town in each calendar year for a period of years specified in such agreement
an amount which shall be equal to (two) 2 per cent of such utility's gross revenue derived
during the next prior calendar year from its customers within the Town but the total
amount paid by the utility to the Town over the term of the agreement shall not exceed
the Town's principal, interest, and costs associated with such borrowing.
SECTION 3. Any utility shall impose and collect a surcharge of(two) 2 percent on its
total billing to each customer located in the Town of North Andover in addition to all
other rates, charges and fees it may otherwise be authorized to impose and collect, as a
contribution towards the cost of funding any agreement entered into by the utility and the
town pursuant to this act, but the total amount so imposed and collected shall not exceed
the town's principal, interest, and costs associated with such borrowing.
SECTION 4. This act shall take effect upon its passage.
That in addition to the foregoing petition to the General Court, the Town also vote
to petition the General Court to amend General Laws Chapter 166 and other
general or special act, to authorize a utility and any provider of cable, internet, or
internet telephone service, to impose a surcharge of(two) 2 percent on its billing to
customers for whom they provide services for cable television, internet access or
internet telephone service.
YES 74 NO 18 ARTICLE 46 PASSES
VOTED MAY 13, 2009