Appendix 5.6. An Act Authorizing the Enlargement and Extension of the System of Water Works in the City of Concord and Ratifying Certain Acts to That End.

Section 1. Extension into Pembroke. The City of Concord, in the County of Merrimack, in addition to the powers conferred by Chapter 69 of the Laws of 1871, authorizing said City to construct, manage, maintain, and own suitable waterworks, and Chapter 175, of the Laws of 1881, authorizing an enlargement of said waterworks and granting general powers in relation thereto, and Chapter 261 of the Laws of 1891, authorizing the enlargement and extension of said system of waterworks, and Chapter 180 of the Laws of 1895 in amendment thereof, is hereby further authorized to enter upon and appropriate any springs, streams, or ponds in the Town of Pembroke in said County of Merrimack, not belonging to any aqueduct or waterworks company, and within the following described territory, to wit: the water shed of the Soucook River lying north of the North Pembroke Road, and to secure such streams, springs, and ponds, by conveyances, or otherwise, to dig or drive wells, dig ditches, make excavations and reservoirs, through, over, in, and upon any land or enclosure through which it may be necessary for water to pass, to erect buildings and install pumping and other machinery necessary for the collection, retention, storage, purifying, pumping and conducting said water, and in connection therewith, to place such pipes, other materials, and other works as may be necessary for making the same effective. The said City is further authorized to take land for necessary ways from highways to its pipe lines and to carry its said pipe lines over, through, or under the Soucook River. It shall be necessary to enter upon and appropriate any springs, streams, ponds, or land for the purposes aforesaid, or to raise or lower the level of the same, and the said City shall not be able to agree with the owners thereof for damages which may be done by said City, or the owners shall be unknown, either party may apply to the Superior Court at the trial term thereof in the County of Merrimack to have the damages determined; and said court shall refer the same to the County Commissioners for said county, who shall appoint a time and place of hearing, and give notice thereof in the same manner as now provided by law for laying out highways. Said commissioners shall make report to said court, and said court may issue execution therein accordingly; but if either party shall desire it, upon application to said court before reference to said commissioners, they shall be entitled to trial by jury in such manner and under such regulations as the court may prescribe.

Section 2. Acquisition of Property. Said City is empowered to purchase, and hold in fee simple or otherwise, real and personal estate in the above described portion of said Town of Pembroke; and said City is authorized to enter upon and break ground, dig ditches, and make excavations in any street, place, square, passageway, or highway in said Town of Pembroke, through which it may be necessary for the pipes and waterworks of said City to pass, be or exist, for the purpose of placing pipes or other waterworks and such material as may be deemed necessary for the construction of said waterworks, and to relay and repair the same, subject to such restrictions in regard to the safety of the citizens and the security of public travel as may be prescribed by the selectmen of said Town of Pembroke with reference to the portion of said works that may be located or situated in said town.

Section 3. Use of New Source. Said City is also authorized and empowered to use the water obtained by virtue of the provisions of this act for the purpose of supplying its citizens with water upon such terms and in accordance with the same powers that it now exercises with regard to water obtained from other sources of supply.

Section 4. Ratification. The acts of the City of Concord and its agents, the Board of Water Commissioners, heretofore taken and performed in acquiring real estate in the Town of Pembroke and in the City of Concord, the requirement of rights-of-way, laying of pipe lines, and all other acts heretofore taken or performed by the City of Concord or its agents in connection with and the development of an additional source of water supply for the City of Concord in the Town of Pembroke and all expenditures heretofore made by the said City of Concord in connection therewith are hereby ratified and confirmed, and from and after the passage of this act shall be as effective as the basis of bonded indebtedness of the City of Concord as if said City of Concord, at the time of the performance of said acts or the expenditures of said monies, had possessed full and express authority therefor, and bonds may be issued as provided by law to raise funds to pay for the work authorized or ratified by this act, and also to reimburse the City treasury for expenditures already made therefor.

Section 5. Takes Effect. All Acts and parts of Acts inconsistent with this Act are hereby repealed, and this Act shall take effect upon its passage.

(Laws 1931, 252)