TR-89-14 aPPAo. 4/6-/gq
001 RESOLUTION NO TR-89-14
' 002 A Resolution Submitting Section 6-C of Chapter 40 of the
003 General Laws of the Commonwealth of Massachusetts to the
004 Registered Voters of Agawam.
005 Whereas , in the interest of public safety and welfare
006 it is necessary that private unaccepted ways open to public
007 use be cleared of ice and snow; and whereas , the removal of ice
008 and snow on unaccepted streets by the City of Agawam requires
009 the adoption of Section 6-C of Chapter 40 by the registered
010 voters.
011 Now therefore be it resolved:
012 That the City Clerk of Agawam submit the following
013 question to the registered voters at the regular city election
014 on November 7 , 1989 :
015 Shall the city vote to accept the provision
016 of Section 6-C of Chapter 40 of the General
017 Laws which authorize cities and towns to
018 appropriate money for the removal of snow
019 and ice from private ways therein open to
020 public use?
021 Adopted by the Agawam City Council on the 24f+-.h day
022 of Se tr, emhar 1989 , on a call of the vote of the yeas and
023 nays .
024 Yeas Nays Absent
025 Nine `rtin
' 026 ATTEST
027 DATED THIS_ Sixth DAY OF sWtAmbar 1989
i028 PER ORDER OF THE AGAWAM CITY COUNCIL
029 CC -
030 Donald M. Rheault, President Ce
031 Agawam City Council m • Vo .aj P .
CCw,�
032 APPR TO FORM AND LEGALITY
033
034 Thomas ocke, Town Solicitor
035 ** *********************x******* * ****** *********#**********
036 MAYORAL ACTION
037 Received this Fg+-h day of 1989
038 by the Mayor ' s Office by the City Council Clerk.
039 APPROVAL OF LEGISLATION
040 By the powers vested in me pursuant to Article 3 , Section 3-6
041 of the swam City Charter , as amended, I hereby approve the
042 passa a of the above legislation on this Eli ,kith_
043 Ohri
f September 1989 .
f 044
045 top 07�111
r C. son, Mayor
046 DISAPPROVAL OF LEGISLATION
' 047 By the powers vested in me pursuant to Article 3 , Section 3-6
048 of the Agawam City Charter , as amended, I hereby veto the
' 049 passage of the above legislation on the
050 day of 1989 for the following reason (s) :
051
052
' 053
054
055
056 Christoper C. Johnson, Mayor
057 RETURN OF LEGISLATION TO COUNCIL CLERK
058 Returned by Mayor' s Office to City Council Clerk this Eleven*h
059 day of September_ 1989 .
cffIES AND TOWNS--POWERS AND DUTIES 44 § 6D
§ 6C. Removal of ice and snow from private ways; conditions
A city or town which accepts this section in the manner provided in
section six D may appropriate money for the removal of snow and ice
' from such private ways within its limits and open to the public use as
may be designated by the city council or selectmen; provided, that, for
the purposes of section twenty-five of chapter eighty-four, the removal
' of snow or ice from such a way shall not constitute a repair of a way.
Added by St.1943, c. 225.
Historical Note
St.1943, c. 225, was approved May S.
1943.
§ 6D. Removal of ice and snow from private ways; submission to
electorate; ballot
Section six C shall be submitted for acceptance to the registered voters
of a city at a regular city election if the city council thereof so votes, and
' of a town at an annual town election upon petition of two hundred
registered voters or of twenty per cent of the total number of registered
voters, substantially in the form of the following question, which shall be
placed on the official ballot used for the election of officers at such city
or town election:
Shall the city (or town) vote to accept the provisions of section
six C of chapter forty of the General haws, which authorize ems.
cities and towns to appropriate money for the removal of
snow and ice from private ways therein open to public use? No.
If a majority of the votes in answer to said question is in the
affirmative, then said section shall thereupon take full effect in such city
or town, but not otherwise.
Added by St-1943, c. 225.
Historical Note
St.1943, c. .225, was approved May 3, -
1943.
' § 6N. Private ways; temporary repairs, ordinances or by-laws
Cities and towns may by ordinance or by-law provide for malting
temporary repairs on private ways. Such ordinance or by-law shall
' determine (a) the type and extent of repairs; (b) if drainage shall be
included; (c) if the repairs are required by public necessity; (d) the
number of percentage of abutters who must petition for such repairs; (e)
if betterment charges shall be assessed; (t) the liability limit of the city
or town on account of damages caused by such repairs; (q) if the ways
shall have been opened to public use for a term of years; and (h) if a
cash deposit shall be required for said repairs.
Added by St.1975, c. 551. Amended by St.1977, c. 693, 9 2.
Hlstorial Note
st.1975, c. 651, was approved Aug. 22,
1976.