committee, or a majority of them, shall also appoint the moderator, checker, and counters for the taking of votes at said meeting, which shall be only upon the question of the adoption of this charter. Those in favor thereof shall vote by a ballot of plain white paper upon which shall be written or printed only the word "Yes," and those opposed thereto shall vote by like ballot upon which shall be written or printed only the word "No." After the counting of said votes the result shall be declared by the moderator in open meeting and before the adjournment thereof. If at said meeting it shall have been voted to accept this charter, its moderator shall declare said meeting adjourned until two o'clock in the afternoon of the same day of the week following, and the balloting at the said adjourned meeting shall be closed at eight o'clock of said afternoon. At said adjourned meeting the officers of the borough shall be chosen by ballot in the same manner as town officers are chosen, who shall hold their offices until the annual meeting in May, 1904, and until others are chosen in their stead.

SEC. 23. The warden, burgesses, and freemen of said borough are hereby authorized and empowered to purchase, acquire, and convey from any source of supply, and take and use the water of any stream, lake, or pond, in whole or in part, within the limits of the towns of Groton and Ledyard, except the waters of Lantern Hill brook and Lantern Hill pond; to hold, convey, and distribute such water into and through the second voting district and such portion of the third voting district of the town of Groton as lies west of the main brook emptying into the head of Palmer's cove, west of the village of Noank, by means of reservoirs, pipes, aqueducts, pumps, and other suitable works, in such quantities as the necessities and conveniences of said voting districts and the inhabitants thereof may require; and they are also empowered to produce, generate, and manufacture electricity and to sell and use the same for the purpose of furnishing light, heat, and power to any or all persons who may desire the same, and for that purpose shall have the right to build, maintain, and operate wires or other electrical conductors necessary for its business over, through, or under any or all of the streets, avenues, lanes, and highways in the territory herein described; to take and hold any lands, property, or privileges, and to exercise any powers, not inconsistent with the laws of the state, that may be necessary or convenient for carrying into effect any purpose of this resolution.

SEC. 24. The said warden, burgesses, and freemen are hereby authorized and empowered to lay and place poles, wires, pipes, and hydrants in, on, or under the highways, streets, avenues, and public grounds within the territory mentioned in section twenty-three hereof, and change the same from time to time for the aforesaid purpose.

SEC. 25. The said warden and burgesses shall elect three persons who shall be, together with the warden, a board of water commissioners, one of whom shall be treasurer of the water fund, and all shall be sworn to a faithful discharge of their duties, and hold office as follows: One of said commissioners until the first day of June, 1904;

one of said commissioners until the first day of June, 1905; and one of said commissioners until the first day of June, 1906; and until their successors are respectively chosen and sworn; and at the first meeting of the warden and burgesses held after the annual meeting of the freemen and electors of said borough after the year 1903, and annually thereafter one commissioner shall be chosen to hold office for the term of three years, beginning on the first day of June next following such election, and until another is chosen and qualified.

SEC. 26. Said commissioners are hereby authorized and empowered to purchase and take conveyances, for and in the name of this borough, of all lands, property, and privileges, except the waters of Lantern Hill brook and Lantern Hill pond, necessary or convenient for accomplishing the purposes of this resolution; to hold in sufficient quantities the waters of any stream, lake, or pond, except the waters of Lantern Hill brook and Lantern Hill pond, either within or without said borough, and in either of the towns as mentioned in this charter, by the construction of suitable dams across the same; to enter upon any lands near such proposed dams, and procure earth, stone, or other materials for the construction and maintenance thereof, and to make suitable wasteways for the surplus water of such streams, lake, or pond; to enter upon and make use of the ground or soil under any railroad, street, highway, or private way, public or private grounds, and lay, construct, and maintain all necessary pipes, pumps, and aqueducts within the towns of Groton and Ledyard as hereinbefore mentioned, with the consent and under the direction and supervision of the warden and burgesses of said borough, and the selectmen of said towns, and the railroad company using said railroad, or the railroad commissioners, respectively, in such manner as least to damage or impede travel thereon; provided, that they put such railroad, street, highway, private way, or public or private grounds in as good condition as before the laying or construction of said aqueducts or other works; to make contracts for labor and materials for the general purposes of this resolution; to make and establish public reservoirs and hydrants under the direction of the warden and burgesses; to make rules and regulations regarding the use and distribution of said water, and to establish the prices to be paid therefor; to collect all water rents and pay over the same to the treasurer of the water fund; to audit, allow, and draw orders on said treasurer for the payment of all claims against said borough on account of said water works, including payment of interest on notes and bonds issued on account of such works; and generally to attend to the construction, care, supervision, and management of said water works, and to exercise any additional powers that may from time to time be conferred upon them by said borough. And the majority of said commissioners shall constitute a quorum for the transaction of any of the business of the board.

SEC. 27. The warden, burgesses, and freemen of said borough may enter into or upon any land for the purpose of making necessary surveys, and may take any lands, rights, easements, privileges, shares,

or franchises which may be necessary in their judgment for executing the powers conferred upon them by this charter, and may agree with the owner or owners of any such property, rights, shares, or franchises, as to the amount of compensation to be paid to such owner or owners for the same.

SEC. 28. For the purpose of defraying the cost of constructing or purchasing said water and electric light works and expenses incident thereto, and for no other purpose whatever, said borough is hereby authorized and empowered to issue notes, bonds, or certificates of debt, to be denominated on the face thereof "Water Fund of the Borough of Groton," to an amount not exceeding in the whole the sum of one hundred and fifty thousand dollars, bearing interest at no greater rate than four per centum per annum, the principal of which shall be payable at some certain time or times not to exceed thirty years after the date of issue, and the amount of said notes, bonds, or certificates which may at any time be issued, together with the times of paying of the principal and interest thereof and the rate of interest, subject to the limitations herein prescribed, shall be prescribed by said borough, in legal borough meeting called for that purpose; and said notes, bonds, and certificates shall be signed by the warden and countersigned by the clerk of said borough, who shall register the number and amount of each bond issued on the records of said borough; and said bonds and certificates shall be, when issued, obligatory upon said borough and the inhabitants thereof according to the purport and tenor of the same.

SEC. 29. The board of water commissioners shall be the trustees of the notes, bonds, or certificates of debt issued by said borough; shall superintend the issuing of the same and regulate the particular form thereof; and, after the same or any part thereof shall be issued, may sell them in such manner as it may deem best, at no less than their par value, or may pledge the same for moneys temporarily borrowed by it; and shall keep a record of all such notes, bonds, or certificates issued, disposed of, or pledged. All moneys received by said board shall be by it forthwith paid over to the treasurer of the water fund.

SEC. 30. The avails of all water rents shall first be applied to defraying the current expenses of said water works, and thereafter to the payment of the interest on said notes, bonds, or certificates of debt; and if at any time there shall be an excess, the board of water commissioners shall report the fact to the warden and burgesses, who may direct whether the same shall be applied to the extinction of the principal debt incurred by the issuing of said notes, bonds, or certificates, or to any other purpose in connection with said works.

SEC. 31. In case the avails of water rent should at any time be inadequate to meet the current expenses of said works and the interest of said notes, bonds, or certificates, the deficiency shall be supplied by the laying of a tax on all property and persons liable to borough taxation, which tax may be la borough meeting called for that

purpose, and may be collected in the same manner as other borough taxes, and said borough may, in like manner, lay and collect taxes for the purpose of paying the principal debt as aforesaid or any part thereof, by the establishment of a sinking fund, or in any other manner; and the avails of all such taxes shall be paid over to the treasurer of the water fund, subject to the order of the board of water commissioners.

SEC. 32. Any claim of said borough for the use of water or for rent of hydrants shall be a lien upon the real estate or property wherein or in connection with which such water was used, or on which such rent was assessed; and said lien may be foreclosed before any court having jurisdiction in the same manner as a mortgage is now foreclosed.

SEC. 33. It shall be the duty of the board of water commissioners to keep a record of its official proceedings and an accurate account of its receipts and disbursements, verified by proper vouchers, which accounts shall be open at all reasonable times to the inspection of any tax payer of said borough; and said commissioners shall render to each annual meeting of said borough, a statement of their receipts and disbursements on account of the construction of said works and a separate statement of receipts from revenue of the same and of payments for interest and current expenses after the opening of such works for public use; which statements shall be sworn to by one or more of said commissioners and recorded in the records of said borough. They shall also report to the same meeting a statement of their doings, including a general exhibit of the state of the works, an estimate of sums required to be expended therefor, a report of claims outstanding against the borough on account of such works, and such other matters of information in regard to such works as may be called for. The treasurer of the water fund shall also render to each annual meeting a statement of his accounts. And the commissioners and treasurer shall render such statements and reports to the warden and burgesses whenever required by them.

SEC. 34. The warden, burgesses, and freemen of said borough are hereby authorized and empowered to purchase, hold, and enjoy the property, rights, and franchises of the Groton Water Company, and the property and rights of any of the shareholders or subscribers of said company, and shall be subrogated to the rights and privileges of such shareholders or subscribers in said company and its franchises.

SEC. 35. Before the warden, burgesses, and freemen of said borough shall exercise any of the powers or privileges for the taking of any water supply, or taking or bringing water into said borough limits, or supplying the same, as provided in this charter, or furnishing electric light for sale, they shall purchase the water plant and electric light plant as then existing in said borough, provided they can agree upon terms with the owners thereof, and they shall not exercise any of said powers unless such purchase is made. This provision, how

ever, shall not preclude said borough from exercising any rights that it may have under the statute laws of the state.

SEC. 36. The electric light plant mentioned in the preceding section shall be acquired, controlled, operated, and managed by the board of water commissioners in conjunction with and in the same manner as the water plant.

SEC. 37. In the event of the acceptance of this resolution and charter by the electors having the right to vote upon the same, and when said borough shall be incorporated and organized, then and in that event the fire district now organized and existing in the town of Groton, and located upon the western borders thereof, known as The Groton Fire District No. 1, shall be dissolved and its affairs wound up by the proper officers thereof.

SEC. 38. When said fire district shall have been dissolved as provided herein, the warden of said borough shall apply to the superior court in and for New London county or any judge of said court in vacation for an order limiting a time for the creditors of said fire district to present their claims against said district to said warden, and said court or judge may make such order limiting a time no less than two months from its date, and shall prescribe the notice that shall be given thereof to said creditors, and all claims not presented in pursuance to said order shall be barred of a recovery. Any claim presented which shall be disallowed by said warden shall be barred, unless the owner thereof shall commence an action to enforce the same within four months after he shall have received written notice of its disallowance by said warden.

SEC. 39. The warden, burgesses, and freemen of said borough by reason and virtue of the acceptance of this charter shall assume and pay all just debts existing against said fire district, presented as aforesaid, notwithstanding any informality, irregularity, or illegality as to the organization of said fire district, or as to the manner of its conducting its said affairs.

SEC. 40. When all claims against such fire district that have been presented have been paid or are barred as herein before provided, the said warden shall make return thereof to said superior court, or to a judge of said superior court in vacation, and thereupon such court or judge shall, upon due hearing and upon finding the allegations of such report to be true, order the officers of said fire district to transfer and convey all the property of said fire district to said borough of Groton, and such order shall be sufficient power and authority to said officers making said transfer.

Approved, June 22, 1903.