Session Laws

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 sections thirty-eight A> to thirty-eight O, inclusive, of chapter seven of the General Laws, section thirty-nine M of chapter thirty of the General Laws, chapter thirty B of the General Laws, sections forty-four A to forty-four M, inclusive, of chapter one hundred and forty-nine of the General Laws and any other general or special law or regulation providing for the advertising or bidding of contracts relating to the improvements to, or the acquisition or disposition of interests in, real or personal property, but subject to the requirements of section two, and in addition to any other power conferred by law, the town of Ashfield is hereby authorized to enter into a contract or contracts and otherwise arrange for the design, preparation of plans, surveys and specifications, construction management and supervision, construction equipment purchase, equipment installation, facility performance testing and operation, including related studies, design and construction type work and the furnishing of all related materials, supplies and services for a natural systems wastewater and septage treatment facility, which facility shall be owned by said town of Ashfield, constructed on land owned by said town and, after satisfactory testing and acceptance, operated by said town of Ashfield, unless said town later contracts for operational services pursuant to section two for the purpose of treating the wastewater and septage generated within said town.

SECTION 2. Any contract hereunder is authorized to be a turnkey type contract with a single responsible vendor or joint venture, or more than one contract with one or more responsible vendors, in either case chosen on the basis of the best proprietary technology available as determined by the town of Ashfield. Such contract or contracts shall contain such provisions, as may in each case be deemed necessary or appropriate by said town of Ashfield to protect the public interest, to lower the cost of such facilities to the citizens of said town, and to provide for meeting public wastewater and septage treatment needs. Such contract or contracts and any arrangements authorized hereunder, shall not be subject to, and shall be exempt from, the provisions of sections thirty-eight A> to thirty-eight O, inclusive, of chapter seven of the General Laws, section thirty-nine M of chapter thirty of the General Laws, chapter thirty B of the General Laws, sections forty-four A to forty-four M, inclusive, of chapter one hundred and forty-nine of the General Laws and any other general or special law or regulation providing for the advertising or bidding of contracts relating to the improvements to, or the acquisition or disposition of interests in, real or personal property.

SECTION 3. Any contract or contracts authorized hereunder, may be entered into by the appropriate officers of the town of Ashfield acting pursuant to general authorization of a town meeting and approval by its board of selectmen, in office at the time of execution of said contract or contracts, said contract matters not admitting of delay. The provisions of this act shall be limited to the contract or contracts entered into between the town of Ashfield and Ecological Engineering Associates of the town of Marion, for the purpose of providing and operating a solar aquatic wastewater treatment facility in said town.

The authorization for and execution of the contract, if performed prior to the final passage of this act, are hereby ratified, validated and confirmed, and made effective; provided, however, that they shall be in accordance with the provisions required by this act.

SECTION 4. This act shall take effect upon its passage.