I
The corporation shall be known by the name of Dalton Fire District.
II
The officers of this corporation shall be a Prudential Committee, consisting of three members, a Board of Water Commissioners, consisting of three members, a treasurer, an auditor, and a clerk.
Three members of the Prudential Committee shall be chosen by ballot at the annual meeting, one to serve for the term of one year; one to serve for the term of two years; and one to serve for the term of three years, and thereafter at the annual meeting one member shall be chosen to serve for the term of three years or until a successor is chosen and qualified.
One member of the Board of Water Commissioners shall be chosen by ballot annually at the annual meeting to serve for a term of three years or until a successor is chosen and qualified.
The treasurer shall be chosen by ballot annually by the members of the Prudential Committee to serve for one year or until his successor is chosen and qualified. The auditor and clerk shall be chosen annually at the annual meeting to serve for one year or until their successors are chosen and qualified. (Amended 12/2/1968, Article 3)
Amendment 12/2/1968 Article 3: It was moved, seconded and voted that the District Bylaws be amended by striking out the words: “annually by the members of the Prudential Committee” in the first sentence of the fourth paragraph of Section II and by inserting the words: “at the annual meeting or at a special meeting called for that purpose” in place thereof. The amended sentence to read: “The Treasurer shall be chosen by ballot at the annual meeting or at a special meeting called for that purpose to serve for one year or until his successor is chosen and qualified.” (Amended 5/21/1996, Articles 19 and 20)
Amendment 5/21/1996 Article 19: It was moved, seconded and voted that the District vote to petition the General Court for a Special Act changing the position of District Treasurer from elected to an appointed position effective upon expiration of the term of the incumbent District Treasurer on a yearly basis.
Amendment 5/21/1996 Article 20: It was moved, seconded and voted that the District vote to petition the General Court for a Special Act changing the position of District Clerk from elected to an appointed position effective upon expiration of the term of the incumbent District Clerk on a yearly basis.
III
The Prudential Committee shall collect, have charge of and expend, according to the order of the District, all moneys raised by taxation; shall, subject to the order and approval of the District purchase and sell real estate; shall annually elect by ballot a treasurer of the District; and shall upon and approve or disapprove the items in the budget submitted to it by the Board of Water Commissioners and authorize the expenditure of the amounts therein set forth as approved by it. It may authorize the treasurer to expend the money of the District in accordance with and subject to the approval of the District, or in accordance with and up to the limits set by the budget previously approved by it and may authorize the treasurer to borrow money in anticipation of rents to be received on account of the use of water supplied by the District. (Amended 12/2/1998, Article 4) [Amended 5/15/2007 Article 3: strike the word rents and replace with fees]
Amendment 12/2/1968 Article 4: It was moved, seconded and voted that the District Bylaws be amended by striking out the words: “shall annually elect by ballot a Treasurer of the District” in the first paragraph of Section III. The amended paragraph to read: “The Prudential Committee shall collect, have charge of and expend according to the order of the District, all moneys raised by taxation; shall, subject to the order and approval of the District purchase and sell real estate.” (Amended 5/15/2007)
Amendment 5/15/2007 Article 3: It was moved, seconded and voted that the District Bylaws be amended to read [The Prudential Committee shall collect (through the Treasurer’s office), …]
This paragraph now reads:
The Prudential Committee shall collect (through the Treasurer’s Office), have charge of and expend, according to the order of the District, all moneys raised by taxation; shall, subject to the order and approval of the District purchase and sell real estate; and shall approve or disapprove the items in the budget submitted to it by the Board of Water Commissioners and authorize the expenditure of the amounts therein set forth as approved by it. It may authorize the Treasurer to expend the money of the District in accordance with and subject to the approval of the District, or in accordance with and up to the limits set by the budget previously approved by it and may authorize the Treasurer to borrow money in anticipation of fees to be received on account of the use of water supplied by the District.
The Prudential Committee shall, in addition to the powers set forth above, have and exercise all rights and powers granted to it by law.
The members of the Prudential Committee shall annually by ballot choose one of their members to be chairman of the Committee to serve for one year or until his successor is chosen and qualified. [Amended 5/15/2007 Article 3: or until a successor is chosen and qualified.]
IV
The Board of Water Commissioners shall annually establish the water rates to be charged for the use of the water supplied by the District and collect the water rents due for such use; shall annually on or before the fifteenth day of April in each year prepare and present for approval to the Prudential Committee a budget of the expenses for the ensuing year; shall prepare and present for approval to the Prudential Committee whatever extension of services and or of the water shed as they shall deem necessary; shall have general supervision and management of the operation of the facilities, works and property of the District in supplying water and fire protection; and shall have authority to employ a superintendent and whatever other employees, agents or servants shall seem to them necessary or proper for the carrying on of such operations. [Amended 5/15/2007 Article 3: strike out “rents” and replace with “fees”, strike out “or servants”.]
The Board of Water Commissioners shall be the trustees of the Sinking Fund. [Amended 5/15/2007 Article 3: strike out “Sinking Fund” and replace with “Stabilization Fund”.]
The members of the Board of Water Commissioners shall annually by ballot choose one of their members to be chairman of the Board to serve for one year or until his successor is chosen and qualified. [Amended 5/15/2007 Article 3: strike out “his” and replace with “a”.]
The Board of Water Commissioners shall in addition to the powers above set forth, and exercise all rights and powers granted to it by law. [Amended 5/15/2007 Article 3: delete the word “and”.]
V
The Treasurer shall give bond for the faithful performance of his official duties in the sum and with sureties approved by the Prudential Committee. He shall receive all money belonging to the District and shall pay over and account for the same according to its order or that of the Prudential Committee or the Board of Water Commissioners; and shall perform such other duties as the District, the Prudential Committee or the Board of Water Commissioners may from time to time require. [Amended 5/15/2007 Article 3: change “his” to “his/her”; strike out “in the sum and with sureties approved by the Prudential Committee” and replace with “in accordance with Massachusetts general laws chapter 41, section 35”, and replace “he” with “The Treasurer”.]
The paragraph now reads:
The Treasurer shall give bond for the faithful performance of his/her official duties in accordance with Massachusetts General Laws Chapter 41, Section 35. The Treasurer shall receive all money belonging to the District and shall pay over and account for the same according to its order or that of the Prudential Committee or the Board of Water Commissioners; and shall perform such other duties as the District, the Prudential Committee or the Board of Water Commissioners may from time to time require.
VI
The duties of the auditor shall be those commonly incident to the office.
VII
The clerk shall be sworn each year to the faithful discharge of his duties and record of the oath with the evidence thereof shall be made by him upon the records of the corporation. He shall attend the meetings of the District and the Prudential Committee and the Board of Water Commissioners at their respective meetings. He shall notify the voters of the District and the members of the Prudential Committee and the Board of Water Commissioners of their respective meetings in accordance with the by-laws of the corporation and the laws of the Commonwealth of Massachusetts; and shall perform such other duties as are prescribed by law or the District, the Prudential Committee or the Board of Water Commissioners. [Proposed changes: strike out “his” and replace with “his/her”; strike out “him” and replace with “the assistant clerk”; strike out “He” and replace with “The Clerk” in 2 places.]
Amended 5/15/2007 Article 3 to read:
The clerk shall be sworn each year to the faithful discharge of his/her duties and record of the oath with the evidence thereof shall be made by the assistant clerk upon the records of the corporation. The Clerk shall attend the meetings of the District and the Prudential Committee and the Board of Water Commissioners at their respective meetings. The Clerk shall notify the voters of the District and the members of the Prudential Committee and the Board of Water Commissioners of their respective meetings in accordance with the by-laws of the corporation and the laws of the Commonwealth of Massachusetts; and shall perform such other duties as are prescribed by law or the District, the Prudential Committee or the Board of Water Commissioners.
VIII
An annual meeting of the District shall be held on the last Monday of April in each year at two o’clock in the afternoon at the Town Hall in Dalton, Massachusetts. Amended: During February or March in accordance with the provision of Chapter 41, Section 119, General Laws. [Amended 5/15/2007 Article 3: delete the entire paragraph and replace with “An annual meeting of the District shall be held in May each year in accordance with the provision of Chapter 41, Section 119 of the Massachusetts General Laws.]
Special meetings may be called as provided by law or by the Prudential Committee or the Board of Water Commissioners, and shall be called by the clerk upon written application of seven or more voters of the District, stating the time, place and purpose of the meeting.
At each annual meeting a Moderator shall be chosen by ballot to serve for a term of one year and until his successor is chosen and qualified. [Amended 5/15/2007 Article 3: At each annual meeting a Moderator and Auditor shall be chosen by ballot to serve for a term of one year and until his/her successor is chosen and qualified.]
IX
Meetings of the Prudential Committee and the Board of Water Commissioners shall be held as often as the needs of the corporation may in their opinion require, and may be called by the Chairman or any member; and the Clerk shall notify the members of such meetings whenever requested in writing by the Chairman or member calling such meeting. A notice in writing, mailed postage pre-paid, forty-eight hours before the meeting, addressed to each member at his usual place of business or abode or delivered to him in hand shall be sufficient notice of the meeting. Notice of any meeting may be dispensed with if each member by a writing filed with the records of the meeting waives such notice.
X
Notice of all meetings, annual and special, of the voters of the District shall be given in the manner prescribed by law.
XI
At any meeting of the voters of the District, ten voters shall constitute a quorum for the transaction of business. At any meeting of the Prudential Committee or the Board of Water Commissioners, a majority of the members shall constitute a quorum for the transaction of business.
XII
At the Annual Meeting of the Dalton Fire District held April 29, 1935 it was voted to accept the provision of Massachusetts General Laws Chapter 40, Sections 42A to 42F, inclusive. Said acceptance filed with the Berkshire Middle District Registry of Deeds May 13, 1935.
Chapter 40 – Sections 42A to 42F per Mr. Scwartz, March 8, 1968:
Prior to committing the real estate tax list to the Collector, the Water Commissioners may certify a list of unpaid water bills and charges to them for inclusion on the commitment as a lien on real estate taxes. Title can then be taken same as real estate if not paid. Not necessary to file liens with the Register of Deeds.
XIII
At the Annual Meeting held on May 20, 1997 it was voted to:
Article 17. It was moved, seconded and voted that the District accept the provision of Chapter 41, Section 69B, MGL.
Chapter 41, Municipal Finance Laws; Section 69B, Water commissioners; powers and duties
The water commissioners, or the selectmen authorized to act as such, in a town establishing a water supply or water distributing system under authority of section thirty-nine A of chapter forty shall have exclusive charge and control of the water department and water system, subject to all lawful by-laws and to such instructions, rules and regulations as the town may from time to time impose by its vote. They may establish fountains and hydrants, may relocate or discontinue the same, may regulate the use of the water and fix and collect just and equitable prices and rates for the use thereof, and shall prescribe the time and manner of payment of such prices and rates. The income of the water works shall be appropriated to defray all operating expenses, interest charges and payments on the principal as they accrue upon any bonds or notes issued for the purpose of a municipal water supply. If in any fiscal year there should be a net surplus remaining after providing for the aforesaid charges for that fiscal year, such surplus, or so much thereof as may be necessary to reimburse the town for moneys theretofore paid on account of its water department, shall be paid into the town treasury. If in any fiscal year there should be a net surplus remaining after providing for the aforesaid charges and for the payment of any such reimbursement in full, such surplus may be appropriated for such new construction, extraordinary maintenance, or repairs, as the water commissioners, or selectmen authorized to act as such, with the approval of the town, may determine upon; and in case a net surplus should remain after payment for such new construction, extraordinary maintenance, or repairs, the water rates shall be reduced proportionately. Said commissioners, or the selectmen authorized to act as such, shall annually, and as often as the town may require, render a report upon the condition of the works under their charge, and an account of their doings, including an account of the receipts and expenditures.
The provisions of this section relative to the powers and duties of the water commissioners, or the selectmen acting as such, shall also apply to the commission, board or person having charge and control of the water department or water system of any city, town, or district established under special law, notwithstanding any contrary provision therein, upon the acceptance of this section by such city, town, or district.
XIV
At the Annual Meeting held May 15, 2002, Article 2 read: It was moved, seconded, and voted that the District adopt the “Water Use Restriction By-law – Dalton Fire District” in the form attached.
XV
At the Annual Meeting held May 15, 2002, Article 3 read: It was moved, seconded, and voted that the District accept Massachusetts General Laws Chapter 41, Section 108P, “Additional Compensation for Collectors or Treasurers”.
XVI
Any of these by-laws may be amended, repealed, or changed by a vote of a majority of the voters of the District present and voting at any annual or special meeting called for that purpose.