Mass. Gen. Laws ch. 40, sec. 44F — MA Code / Part I / Title VII / Chapter 40 / Section 44F
General powers of district
Status: in_force

Section 44F. A regional refuse disposal district, established under the provisions of section forty-four E, shall be a body politic and corporate with the following powers and duties:— ( a ) To adopt a name and a corporate seal, and the engraved or printed facsimile of such seal appearing on a bond or note of the district shall have the same legal effect as such seal would have if it were impressed thereon. ( b ) To sue and be sued, but only to the same extent and upon the same conditions that a city or town may be sued. ( c ) To purchase, or take by eminent domain under chapter seventy-nine land within the cities and towns which have accepted the provisions of sections forty-four A to forty-four K, inclusive, for the purposes of the district, and to construct and originally equip a refuse disposal facility for the benefit of said cities and towns, and to make any necessary contracts in relation thereto. ( d ) To incur debt for the purpose of acquiring land and constructing, and originally equipping a refuse disposal facility for a term not exceeding twenty years; and provided, further, that written notice of the amount of the debt and of the general purposes for which it was authorized shall be given to the city council of each city, and to the board of selectmen of each town, comprising the district not later than seven days after the date on which said debt was authorized by the district committee; and no debt may be incurred until the expiration of thirty days from the date said debt was authorized by the district committee. If, prior to the expiration of said period, the city council of any member city expresses disapproval of the amount authorized by the district committee, or any member town expresses such disapproval by vote of the board of selectmen, the said debt shall not be incurred and the regional refuse disposal planning committee shall thereupon prepare another proposal which may be the same as any prior proposal and an authorization to incur debt therefor. ( e ) To issue bonds and notes in the name and upon the full faith and credit of said district; said bonds or notes shall be signed by the chairman and the treasurer of the district committee, except that said chairman by a writing bearing his written signature and filed in the office of said treasurer, which writing shall be open to public inspection, may authorize said treasurer to cause to be engraved or printed on said bonds or notes a facsimile of said chairman's signature, and such facsimile signature so engraved or printed shall have the same validity and effect as said chairman's written signature, and each issue of bonds or notes shall be a separate loan. ( f ) To receive and disburse funds for any district purpose. ( g ) To incur temporary debt in anticipation of revenue to be received from member cities and towns. ( h ) To assess member cities and towns for any expenses of the district. (i) To receive any grants or gifts for the purposes of the regional district. ( j ) To engage legal counsel. ( k ) To submit an annual report to each of the member cities and towns, containing a detailed financial statement, and a statement showing the method by which the annual charges assessed against each city and town were computed. (l) To employ an executive director and such other employees as it deems necessary to operate such district. ( m ) To adopt an annual operating budget, not later than December first. ( n ) To enter into contracts for refuse disposal with non-member cities and towns as well as other bodies politic, the United States of America and other persons.

Section 44F. A regional refuse disposal district, established under the provisions of section forty-four E, shall be a body politic and corporate with the following powers and duties:—

( a ) To adopt a name and a corporate seal, and the engraved or printed facsimile of such seal appearing on a bond or note of the district shall have the same legal effect as such seal would have if it were impressed thereon.

( b ) To sue and be sued, but only to the same extent and upon the same conditions that a city or town may be sued.

( c ) To purchase, or take by eminent domain under chapter seventy-nine land within the cities and towns which have accepted the provisions of sections forty-four A to forty-four K, inclusive, for the purposes of the district, and to construct and originally equip a refuse disposal facility for the benefit of said cities and towns, and to make any necessary contracts in relation thereto.

( d ) To incur debt for the purpose of acquiring land and constructing, and originally equipping a refuse disposal facility for a term not exceeding twenty years; and provided, further, that written notice of the amount of the debt and of the general purposes for which it was authorized shall be given to the city council of each city, and to the board of selectmen of each town, comprising the district not later than seven days after the date on which said debt was authorized by the district committee; and no debt may be incurred until the expiration of thirty days from the date said debt was authorized by the district committee. If, prior to the expiration of said period, the city council of any member city expresses disapproval of the amount authorized by the district committee, or any member town expresses such disapproval by vote of the board of selectmen, the said debt shall not be incurred and the regional refuse disposal planning committee shall thereupon prepare another proposal which may be the same as any prior proposal and an authorization to incur debt therefor.

( e ) To issue bonds and notes in the name and upon the full faith and credit of said district; said bonds or notes shall be signed by the chairman and the treasurer of the district committee, except that said chairman by a writing bearing his written signature and filed in the office of said treasurer, which writing shall be open to public inspection, may authorize said treasurer to cause to be engraved or printed on said bonds or notes a facsimile of said chairman's signature, and such facsimile signature so engraved or printed shall have the same validity and effect as said chairman's written signature, and each issue of bonds or notes shall be a separate loan.

( f ) To receive and disburse funds for any district purpose.

( g ) To incur temporary debt in anticipation of revenue to be received from member cities and towns.

( h ) To assess member cities and towns for any expenses of the district.

(i) To receive any grants or gifts for the purposes of the regional district.

( j ) To engage legal counsel.

( k ) To submit an annual report to each of the member cities and towns, containing a detailed financial statement, and a statement showing the method by which the annual charges assessed against each city and town were computed.

(l) To employ an executive director and such other employees as it deems necessary to operate such district.

( m ) To adopt an annual operating budget, not later than December first.

( n ) To enter into contracts for refuse disposal with non-member cities and towns as well as other bodies politic, the United States of America and other persons.