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Enabling
Legislation
Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same, as follows:
SECTION 1. It is hereby found that the closure of the Naval
Air Station hereinafter referred to as NAS South Weymouth by the
United States Government in September of 1997 is detrimental to
the economic welfare of the citizens of the commonwealth and, in
particular, the towns of Abington, Rockland and Weymouth. The closure
of this military installation imposes upon the commonwealth and
its citizens an increased fiscal burden in addition to that incurred
by the commonwealth on account of the closure of various other military
installations in the commonwealth. It is of considerable importance
that the approximately 1,500 acres encompassing the NAS South Weymouth
be acquired expeditiously by an entity empowered to fully redevelop
the property for the benefit of the towns of Abington, Rockland
and Weymouth, the region and the commonwealth. Because the base
is located in three different jurisdictions, its orderly redevelopment
will depend on the formulation of a comprehensive, consensus Reuse
Plan and implementation of uniform redevelopment policies for the
property. It will be necessary to establish incentives to attract
private businesses to locate and expand their operations at NAS
South Weymouth, including providing those businesses with tax incentives
and relief from inconsistent land use controls. Therefore, it is
the purpose of this act to promote the expeditious and orderly conversion
and redevelopment of NAS South Weymouth for nonmilitary purposes,
including, but not limited to, commercial, housing, industrial,
institutional, educational, governmental, recreational, conservation,
or manufacturing uses in order to prevent blight, economic dislocation
and additional unemployment, and to aid and strengthen the local
economy, the regional economy and the economy of the commonwealth.
In order to achieve these objectives, it is deemed necessary and
appropriate to establish a public corporation with full powers and
authority to carry out the purposes of this act.
SECTION 2. It shall be the goal of this act to promote the
expeditious acquisition and redevelopment of NAS South Weymouth
while addressing the economic, social, and environmental needs of
the region. This goal shall be accomplished in a manner consistent
with the consensus Reuse Plan prepared by the Naval air station
planning committee and approved by a majority vote of the town meetings
of the towns of Abington, Rockland and Weymouth, on March 23, 1998,
March 16, 1998 and March 4, 1998, respectively, and approved by
the commonwealth and the United States Department of Defense. The
passage of this act shall constitute said approval of the commonwealth.
The Reuse Plan is intended to significantly stimulate economic activity
and jobs on the base property while protecting the environment and
enhancing the quality of life in the region. Said redevelopment
is designed to minimize and mitigate negative off-base impacts on
the area such as those on water resources, air quality, traffic
and noise, limiting the impacts to those necessary to achieve community
reuse goals and objectives. Said redevelopment shall be integrated
with the United States government's cleanup of hazardous materials
on the base to ensure effective, expeditious and efficient environmental
remediation and protection of public health and welfare in accordance
with federal and state law and regulation.
SECTION 3. There is hereby created a body politic and corporate,
to be known as the South Shore Tri-Town Development Corporation,
to carry out the provisions of this act. Said corporation is hereby
deemed to be a public instrumentality, and the exercise by said
corporation of the powers conferred by this act shall be deemed
and held to be the performance of public functions. The primary
purpose of said corporation is to secure the redevelopment of NAS
South Weymouth to the greatest benefit of the towns of Abington,
Rockland and Weymouth. Accordingly, said corporation shall be guided
in its financing activities with the goal of maximizing the fiscal
benefit to said towns stemming from the redevelopment from a long
term perspective. In addition, it shall be the goal of said corporation,
during its existence, to pursue the redevelopment in a manner that
imposes no costs on said towns for the provision of police and fire
protection, emergency services, water and sewer, and other municipal
services. Finally, said corporation shall, to the maximum extent
feasible and consistent with the Reuse Plan and zoning by-laws,
dispose of all of the property within the NAS South Weymouth Redevelopment
Area through sale prior to said corporation's termination as provided
in section 31.
SECTION 4. As used in this act, the following words shall,
unless the context requires otherwise, have the following meanings:-
(a) "Bank" or "Government land bank", the government land bank,
established by chapter 212 of the acts of 1975, or its successors.
(b) "Board", the board of directors of the South Shore Tri-Town
Development Corporation established by section 8.
(c) "Central redevelopment area", the central portion of the NAS
South Weymouth Redevelopment Area as specifically defined in the
Reuse Plan and zoning by-laws within which the corporation shall
have full and exclusive administration of zoning, licensing, inspection
and permitting authority for the implementation of and in accordance
with the Reuse Plan and zoning by-laws.
(d) "Corporation", the corporation established by section 3.
(e) "Naval air station planning committee" or "committee", established
by governor's Executive Order No. 378, dated September 20, 1995,
for the purpose of preparing a Reuse Plan for the redevelopment
of NAS South Weymouth, the committee comprised of 33 representatives
including the commonwealth, Norfolk and Plymouth counties, the towns
of Abington, Rockland, Hingham and Weymouth and other entities,
including elected officials of the general court representing the
communities that host NAS South Weymouth.
(f) "NAS South Weymouth", the Naval Air Station South Weymouth,
a former military base of that name which was disestablished in
accordance with the recommendation of the 1995 Base Realignment
and Closure Commission, pursuant to 10 USC 2687, as amended.
(g) "NAS South Weymouth Region", the municipalities within the
commonwealth described as follows: (a) the towns as defined in this
act, (b) all municipalities contiguous to the towns, and (c) all
municipalities with the exception of the city of Boston contiguous
to the municipalities in subsection (b).
(h) "NAS South Weymouth Redevelopment Area", the lands, including
all easements, reservations and rights appurtenant thereto, and
all buildings, structures, utilities and improvements located thereon
comprising all of the former military base of that name presently
located in the towns of Abington, Rockland and Weymouth and within
the ownership, control and jurisdiction of the United States, including
those portions of the base property transferred as of the effective
date of this act or to be transferred at some future date to the
United States Coast Guard and Federal Aviation Administration pursuant
to the federal screening process. The NAS South Weymouth Redevelopment
Area shall be comprised of a Central Redevelopment Area and Perimeter
Area.
(i) "Perimeter area", the outer portions of the NAS South Weymouth
Redevelopment Area as specifically defined in the Reuse Plan and
zoning by-laws within which each town shall have full and exclusive
administration of zoning, licensing, inspection and permitting authority
for the implementation of and in accordance with the Reuse Plan
and zoning by-laws in its respective sector of the NAS South Weymouth
Redevelopment Area.
(j) "Project", the development, improvement, construction, expansion,
reduction, destruction, renovation of all real property and buildings,
structures and utilities, and all programs, services, systems and
other activities associated therewith, located on, conducted within
or otherwise directly associated with the NAS South Weymouth Redevelopment
Area.
(k) "Reuse Plan and zoning by-laws", the Reuse Plan and implementing
zoning by-laws for the redevelopment of NAS South Weymouth prepared
by the Naval air station planning committee pursuant to governor's
Executive Order No. 378, dated September 20, 1995, and approved
by the towns pursuant to section 13. The purpose of the Reuse Plan
and zoning by-laws is to establish redevelopment objectives, policies
and standards to guide public and private decision-making and investment
and to ensure the maintenance of quality of life and the protection
of natural resources.
(l) "Secretary", the secretary of the executive office of administration
and finance.
(m) "Town", any one of the towns of Abington, Rockland or Weymouth,
within the corporate boundaries in which NAS South Weymouth is located.
(n) "Towns", the towns of Abington, Rockland and Weymouth.
SECTION 5. The NAS South Weymouth Redevelopment Area is
hereby created. Plans and descriptions detailing the precise boundaries
and configuration of said NAS South Weymouth Redevelopment Area,
including the precise boundaries of the land of the former NAS South
Weymouth which is to be transferred to the United States Coast Guard
and Federal Aviation Administration, the precise boundaries of the
land of each town located within the NAS South Weymouth Redevelopment
Area and the precise boundaries of the central redevelopment area
and perimeter area, shall be prepared by the corporation, reviewed
by the boards of selectmen of the towns, and filed with the secretary
and recorded in the Plymouth county registry of deeds and the Norfolk
county registry of deeds. Said filings shall take place within 180
days of the effective date of this act.
SECTION 6. The corporation shall have all of the powers
necessary or convenient to carry out the purposes and provisions
of this act, including the power to:-
(a) sue and be sued in all courts and to initiate or participate
in actions and proceedings, whether judicial, administrative, arbitrative
or otherwise;
(b) have a seal and to alter such seal at its pleasure and to use
it by causing it or a facsimile to be affixed or impressed or reproduced
in any manner;
(c) own, manage, operate, convey, or lease facilities for distribution
of public utilities including, but not limited to, electricity,
gas, water, sewer, telecommunications, and cable services, and to
own, manage, operate, or lease the production plant for steam that
is located at NAS South Weymouth;
(d) develop, own, manage, operate, or lease wells to procure water
from productive aquifers underlying the NAS South Weymouth Redevelopment
Area in accordance with the provisions of sections 38 and 39A of
chapter 40 of the General Laws; provided, however, that the procurement
of such water does not diminish the supply of water available to
any of the towns;
(e) make and execute agreements with one or more of the towns or
other appropriate public or private agencies and entities for the
provision of police, fire, emergency medical and other municipal
services within the NAS South Weymouth Redevelopment Area; provided,
however, that preference in the provision of such municipal services
shall be given to the town in which the portion of the NAS South
Weymouth Redevelopment Area receiving such municipal services is
located;
(f) exercise the power of eminent domain within the Central Redevelopment
Area only, as provided in chapters 79, 79A, 80, and 80A of the General
Laws;
(g) appoint, prescribe the qualifications and fix the compensation
of corporate officers, agents, and employees, and to pay the same
out of funds of said corporation;
(h) appoint legal counsel and to fix compensation for such services
rendered to the corporation;
(i) employ or retain as independent contractors, architects, engineers,
attorneys, accountants, and such other advisors and employees, consultants,
and agents as may be necessary in its judgment, without regard to
any personnel or civil service law or rule of the commonwealth or
the requirements of chapter 7 of the General Laws, to prescribe
their duties and qualifications, and to fix and pay their compensation,
if any;
(j) appoint qualified boards and individuals in addition to the
advisory board established pursuant to section 10, to serve as unpaid
advisors under such terms and conditions as it may deem necessary.
Such boards and individuals may be reimbursed for incidental expenses
determined by said corporation to be necessary and incurred while
performing the business of said corporation;
(k) acquire, hold, and dispose of personal property within the
NAS South Weymouth Redevelopment Area for its corporate purposes;
(l) purchase, receive, take by grant, gift, devise, bequest, lease,
or otherwise acquire, own, hold, improve, employ, use or otherwise
manage real property or any interest therein, whether tangible or
intangible, for its purposes, located within the NAS South Weymouth
Redevelopment Area, except for any federally owned property of the
former NAS South Weymouth which is to be or has been transferred
to the United States Coast Guard and Federal Aviation Administration;
provided further, that when said property is declared to be surplus
to the needs of the United States government, said corporation is
hereby authorized to obtain any and all like interest in said property
as described herein;
(m) sell, convey, lease, exchange, transfer, or otherwise dispose
of, or mortgage, pledge, or create a security interest in all or
any of its real or personal property or any interest therein, using
such procedures as are adopted by said corporation; provided, however,
that any such transaction consummated in fulfillment of the obligations
of the committee assumed by said corporation under clause (iii)
of paragraph (b) of section 7 shall be exempt from the provisions
of any of the public bidding and procurement requirements applicable
to bodies politic and corporate of the commonwealth imposed by general
or special law, including, without limitation, the requirements
of chapter 7 of the General Laws and regulations promulgated thereunder
governing the division of capital planning and operations; and provided,
further, that said corporation may, pursuant to an affirmative vote
and by either stating the public convenience and necessity therefore
or by determining that consideration in excess of fair market value
is being paid theretofore or furnished in connection therewith,
exempt any other such transaction from the provisions of such requirements;
(n) apply for and, for the purposes of this act, accept gifts,
loans, grants of property, funds, money, materials, labor, supplies,
or services from the United States government or its departments
or agencies or from any agency of the commonwealth or any political
subdivision thereof, or any other person, or make agreements with
respect to any such gifts, loans, or grants, and to do any and all
things necessary, useful, desirable, or convenient in connection
with procuring, accepting, or disposing of such gifts, loans, or
grants;
(o) purchase, take, receive, subscribe for, or otherwise acquire,
hold, make a tender offer for, vote, employ, sell, lend, lease,
exchange, transfer or otherwise dispose of, mortgage, pledge or
grant a security interest in, use or otherwise deal in and with,
bonds and other obligations, shares or other securities or interests
therein issued by others, whether engaged in a similar or different
business or activity;
(p) make and execute agreements, contracts, project labor agreements
and other instruments necessary or convenient in the exercise of
the powers and functions of said corporation under this act, including
contracts with any person, firm, corporation, municipality, commonwealth
agency, governmental unit, or other entity, foreign or domestic;
(q) assess and collect taxes within the NAS South Weymouth Redevelopment
Area in order to generate revenues to pay the cost of operations
of said corporation, maintenance of the property and the construction
and maintenance of infrastructure improvements within or associated
with the NAS South Weymouth Redevelopment Area in accordance with
the Reuse Plan and zoning by-laws approved by the towns, including
the funding provisions thereof, and to enter into agreements with
the towns to distribute excess revenues not devoted to the costs
described in this paragraph in accordance with section 17. In connection
with the foregoing, said corporation shall have all the powers and
authority of assessors and collectors established pursuant to chapters
59 and 60 of the General Laws, except that said corporation shall
establish tax rates for residential uses for the land areas of the
three towns located within the boundaries of the NAS South Weymouth
Redevelopment Area which are equal to the residential tax rates
then applicable in each of the towns. Said corporation shall, as
soon as practicable following any change in the residential tax
rate of any one of the towns, change the residential tax rate for
the land area of that town located within the NAS South Weymouth
Redevelopment Area, so that such residential tax rates remain equivalent;
(r) administer land use and zoning controls and zoning, subdivision,
licensing, inspection, and any and all other municipal permitting,
licensing, and inspection activities within the Central Redevelopment
Area as defined for such administration in the Reuse Plan and zoning
by-laws approved by the towns, and to enter into agreements with
the towns whereby any such activities which said corporation may
determine are more effectively administered by the towns shall be
within the towns' administration subject to the towns' agreement
to enter into such agreements. Except as otherwise expressly provided
in the zoning by-laws approved by the towns under section 13, (a)
in the administration of the activities authorized under this section
in the Central Redevelopment Area, said corporation shall have the
authority to take action and to issue permits, approvals, licenses,
orders, determinations and other entitlements in accordance with
the procedures and standards from time to time applicable to municipalities
and their boards, commissions and agencies so authorized to take
such action or to issue any such permit, approval, license, order,
determination or other entitlement under the provisions of the General
Laws; and (b) all such actions, including a failure to take action,
and such permits, approvals, licenses, orders, determinations, and
other entitlements shall have the legal effect and duration as provided
in such General Laws. Upon termination of said corporation under
section 31, the authority to administer such activities shall be
vested in the towns in accordance with the provisions of the General
Laws, but no action or inaction of or permit, approval, license,
order, determination or entitlements issued by said corporation
prior thereto or any activity undertaken or improvement made in
accordance therewith shall be affected thereby. Any and all municipal
powers which do not involve the administration by said corporation
of such land use and zoning controls and zoning, subdivisions, licensing,
permitting, or inspection activities shall remain with the towns
in which the applicable real property is located unless expressly
granted to said corporation in this act or elsewhere;
(s) issue a maximum of 20 alcoholic beverage licenses within the
NAS South Weymouth Redevelopment Area in accordance with chapter
138 of the General Laws and the Reuse Plan and zoning by-laws; provided,
however, that said licenses shall not diminish the number of licenses
permitted by the commonwealth to be granted by the towns. Said licenses
shall be limited as follows: (i) 12 licenses shall be available
for issuance to qualified applicants operating sit-down restaurants
and associated bar areas and bars located within and as part of
hotels, function halls, conference centers, public and private social
and recreational clubs, shopping centers and related entertainment
venues and cinemas, and (ii) one license shall be available for
issuance to a qualified applicant operating a clubhouse or like
facility associated with a golf course if one is established in
the NAS South Weymouth Redevelopment Area; provided, further, that
none of the remaining seven alcoholic beverage licenses may be issued
by said corporation to any applicant for any of the purposes authorized
by this subsection unless said corporation first requests and receives
approval of the boards of selectmen of the towns to issue one or
more of said licenses; provided, further, that none of the licenses
authorized by this section shall be transferable outside the NAS
South Weymouth Redevelopment Area. Said corporation shall also have
the authority to issue entertainment licenses as it deems necessary
and appropriate;
(t) borrow money at such rate or rates of interest as said corporation
may determine; to issue its notes, bonds, or other obligations to
evidence such indebtedness, and secure any of its obligations by
mortgage or pledge of all or any of its property or any interest
therein, tangible or intangible, whether then owned or thereafter
acquired;
(u) arrange for guaranties of its notes, bonds, or other obligations
by the federal government, the commonwealth, the towns or by any
private insurer or otherwise, and to pay any premiums therefore;
(v) issue such short and long term notes, bonds, or other obligations,
whether or not the income therefrom to the holders is exempt from
taxation;
(w) purchase notes, bonds, or other obligations of the corporation
at such price or prices, in such manner, and upon such terms, as
the corporation may determine;
(x) invest and reinvest its funds, and to take and hold property
as security for the payment of funds so invested, subject to the
same restrictions and safeguards which are applicable to the management
and investment of public monies pursuant to section 55 of chapter
44 of the General Laws;
(y) procure insurance against any loss in connection with its property
or projects in such amount or amounts and from such insurers, including
the federal government, and directors and officers liability insurance,
as it may deem necessary or desirable, and to pay any premiums therefor;
(z) enter into and perform contracts, project labor agreements,
and other agreements, whether or not they may be deemed to constitute
indebtedness under applicable law, for the joint or separate planning,
financing, construction, purchase, operation, maintenance, use,
sharing costs of, ownership, mortgaging, leasing, sale, disposal
of, or other participation in facilities, products or services of
any person who engages in business on property owned or controlled
by the corporation;
(aa) maintain a principal office within the NAS South Weymouth
Redevelopment Area;
(bb) make any inquiry, investigation, survey, feasibility study
or other study which the corporation may deem necessary to enable
it to carry out effectively the provisions of this act;
(cc) apply to the appropriate agencies and officials of the federal
government and the commonwealth for licenses, permits or approvals,
as are ordinarily applied for by cities and towns of the commonwealth,
of its plans or projects as it may deem necessary or advisable,
and to accept such licenses, permits or approvals as may be tendered
to it by such agencies or officials, upon such terms and conditions
as it may deem appropriate;
(dd) make by-laws and establish committees for the management and
regulation of its affairs as it may deem necessary and, subject
to agreement with bondholders, to make rules pursuant to its own
procedures for the use of its projects and property, and to establish
and collect rentals, fees, and all other charges for the use of
projects under the jurisdiction of said corporation and for services
or commodities sold, furnished, or supplied by said corporation;
(ee) design, construct, maintain, operate, improve, and reconstruct
such projects as shall be consistent with the purposes and provisions
of the approved Reuse Plan and zoning by-laws, including without
limitation the maintenance and development of all facilities necessary
or convenient in connection with any such project, and also to contract
for the construction, operation, or maintenance of any parts thereof,
or for services to be performed thereon, and to rent parts thereof
and grant concessions thereon, all on such terms and conditions
as the corporation may determine, in accordance with said Reuse
Plan and zoning by-laws;
(ff) designate the depositories of its money within the commonwealth;
(gg) establish its fiscal year to commence on July 1 and end on
June 30 of each year and to change the fiscal year from time to
time as said corporation may deem necessary and appropriate;
(hh) take such other actions as it may deem necessary and advisable
in the furtherance of the purposes of this act.
SECTION 6A. The corporation shall not be obligated to maintain,
operate, improve, or provide services, including police and fire
protection, for those portions of the former NAS South Weymouth
which remain in federal ownership, nor shall said corporation bear
any responsibility or be liable for any injury, damage, or loss
arising out of or in connection with any activities which may occur
on such federal property, nor as a result of any improvements, damage,
deterioration, or environmental hazards occurring thereon. Said
corporation may, however, enter into agreements with the federal
government to provide any services to areas of the NAS South Weymouth
Redevelopment Area remaining in federal ownership which said corporation
may provide elsewhere in the NAS South Weymouth Redevelopment Area.
SECTION 7. (a) In addition to any other duties set forth
in any provision of this act, the corporation shall coordinate with,
and provide information to, the United States and any officials
or employees thereof, regarding any matter relating to the ownership,
condition, closure, conversion, redevelopment, or future use or
operations of the NAS South Weymouth Redevelopment Area as required
by the Defense Base Realignment and Closure Act. Notwithstanding
any other provision of law, said corporation shall be the only person
or entity in the commonwealth authorized to negotiate, purchase,
or otherwise obtain on behalf of itself, the commonwealth or any
of its political subdivisions, any fee ownership, easement, lease,
license, or other interest in any property in or on the NAS South
Weymouth Redevelopment Area from the United States, except that
a governmental entity of the commonwealth may acquire an interest
from said corporation to such property, if such acquisition and
use of the property by a governmental entity of the commonwealth
is consistent with the Reuse Plan and zoning by-laws. Prior to the
disestablishment of the Naval air station planning committee as
specified in paragraph (e) of section 13, said committee may request,
on behalf of said corporation, that the Government Land Bank act
as its agent to conduct implementation negotiations with the United
States government until said corporation is fully staffed with the
capacity to pursue such negotiations for itself. In addition, said
corporation is hereby authorized to request continuing assistance
of the Government Land Bank in pursuing such negotiations with the
United States government.
(b) The corporation shall be obligated to (i) assume and perform
the Government Land Bank's obligations with respect to the less
than fair market interim master lease between the United States
of America and Government Land Bank d/b/a Massachusetts Development
Finance Agency for Naval Air Station South Weymouth, which the committee
requested the Government Land Bank to enter into on behalf of the
committee, (ii) assume and perform the Government Land Bank's obligations
with respect to any subleases which the Government Land Bank enters
into pursuant to the less than fair market interim master lease
at the committee's request, and (iii) assume any and all obligations,
including, without limitation, any letters of intent to lease or
sell real estate, entered into by the committee, or the Government
Land Bank at the committee's request with respect to the NAS South
Weymouth Redevelopment Area.
SECTION 8. (a) The management of the corporation shall be
vested in a board of five directors to be appointed as follows:
(i) one member appointed by the board of selectmen of the town
of Abington,
(ii) two members appointed by the board of selectmen of the town
of Rockland,
(iii) two members appointed by the board of selectmen of the town
of Weymouth,
(iv) the board shall appoint a chairman from among its members
who shall serve in that capacity at the pleasure of said board.
(b) Directors shall serve for terms of five years; provided, however,
that of those initially appointed, one by the town of Weymouth shall
be appointed for a term of three years, one by the town of Rockland
and one by said town of Weymouth, shall be appointed for terms of
four years, and one by the town of Abington and one by said town
of Rockland shall be appointed for terms of five years. All directors
shall be eligible for reappointment at the expiration of their terms
and may be removed for good cause by their respective appointing
authority. Vacancies shall be filled by the board of selectmen of
the town that appointed said director.
(c) All directors of said corporation shall have demonstrated expertise
or education and experience in one or more of the following areas:
real estate development, housing, finance, business, environment,
planning, engineering, transportation or municipal government. The
towns shall cooperate to assure the appointment of directors from
as many of the foregoing disciplines as possible.
(d) Four members of the board shall constitute a quorum. A minimum
of three affirmative votes of the quorum shall be required for any
action of said board.
(e) Directors shall serve without compensation from the corporation,
except for reimbursement of such incidental expenses determined
by the board to be necessary and incurred while performing the business
of said corporation.
(f) Directors shall be residents of the commonwealth. No director
shall be an elected public official of the federal government, the
commonwealth, or any political subdivision thereof, except that
such restriction shall not apply to elected town meeting members
of the town of Weymouth. Residents of the towns of Abington and
Rockland who participate in their respective town meetings shall
likewise not be restricted from service as a director of said corporation.
(g) Public employees or appointed officials of the federal government
and the commonwealth and any of its political subdivisions may serve
as directors of said corporation so long as their service as director
does not constitute a conflict of interest with their duties as
public employees or appointed officials.
(h) Directors shall be subject to the provisions of chapter 268A
of the General Laws.
SECTION 9. If any director, or member of his immediate family
shall be interested either directly or indirectly, or shall be a
director, officer or employee of or have an ownership interest in
any firm or corporation interested directly or indirectly, in any
contract or other matter involving the corporation, such interest
shall be disclosed to the board and shall be set forth in the minutes
of the board. The member having such interest shall not participate
on behalf of said corporation in any proceeding or decision relating
to such contract or matter. For the purpose of this section, immediate
family shall be deemed to include spouse, parent, parent-in-law,
brother, brother-in-law, sister, sister-in-law, son, son-in-law,
daughter, daughter-in-law, and the parent or child of any one of
them.
SECTION 10. (a) There shall be an advisory board to the
corporation consisting of (i) one voting representative appointed
by the town of Abington and one voting representative appointed
by the town of Hingham, (ii) two voting representatives appointed
by the town of Rockland and two voting representatives appointed
by the town of Weymouth, (iii) one voting representative of the
metropolitan area planning council who shall be a member of and
be designated by the board of the council and who shall reside in
Norfolk county, (iv) one voting representative of the Old Colony
planning council who shall be a member of and be designated by the
board of the council and who shall reside in Plymouth county, and
(v) three voting representatives to be appointed by the governor
from the following categories: (1) one voting representative with
skill and expertise in matters relating to environmental protection,
(2) one voting representative with skill and expertise in matters
relating to real estate development, and (3) one voting representative
who shall be a member of the board of the South Shore chamber of
commerce. The members of the advisory board representing a town
shall be appointed by, and serve at the pleasure of, the board of
selectmen of that town. The members of the advisory board appointed
by the metropolitan area planning council and the Old Colony planning
council shall serve at the pleasure of said councils. Said members
of said advisory board appointed by the governor shall serve at
the pleasure of the governor.
(b) The total voting membership of said advisory board shall be
11 votes, equally weighted. Said advisory board may act at regular
periodic meetings called in accordance with its by-laws or at a
special meeting called by the corporation or by six or more members
of said advisory board. A quorum of said advisory board shall consist
of six representatives. Said advisory board may act by the affirmative
vote of a majority of the representatives present that constitute
a quorum.
(c) For the conduct of its business said advisory board shall adopt
and may revise and amend its own by-laws. Said advisory board shall
annually elect from among its members a chairperson, a vice chairperson
and a secretary and such other officers as said advisory board may
determine. Each such officer shall serve in such capacity at the
pleasure of said advisory board and may be removed from such position
by majority vote of said advisory board. In the event of a vacancy,
the appointing authority shall fill the vacancy for the unexpired
term. Each member of said advisory board shall serve without compensation
but may be reimbursed for all reasonable expenses incurred in the
performance of his duties as approved by said advisory board and
the corporation.
(d) The purposes of said advisory board shall be as follows:
(i) to review the annual report of the corporation and to prepare
comments thereon for the benefit of said corporation, the governor
and the towns, and to make such examinations of the reports on said
corporation's records and affairs as said advisory board deems appropriate;
(ii) to hold regular meetings twice annually with the board of
directors of said corporation and, at the discretion of said advisory
board and with the concurrence of the board of directors of said
corporation, special meetings with the board of directors of said
corporation as it deems necessary and appropriate on matters relating
to said corporation, and to hold meetings at any other time as said
advisory board may determine;
(iii) to make recommendations to said corporation on its annual
budget; and
(iv) to make recommendations to the governor, the general court,
and the towns regarding said corporation and its programs.
(e) Said corporation shall provide such reasonable administrative
and staff support to said advisory board as may be necessary for
the efficient discharge of said advisory board's responsibilities
pursuant to this act.
SECTION 11. The board may from time to time appoint an executive
director, who shall devote his full time during business hours to
the duties of his office, who shall receive compensation as said
board may determine, and who shall serve at the pleasure of said
board; a chief financial officer, who shall be the chief financial
and accounting officer of the corporation and shall be in charge
of its funds, books of accounts, and accounting records; and such
other officers and employees as are necessary to the orderly functioning
of said corporation. The executive director shall be well qualified
to serve in this capacity and shall have, at a minimum, professional
education in public administration or a related academic discipline
and at least ten years of demonstrated experience in positions of
comparable responsibilities. Said chief financial officer shall,
at a minimum, have both education and at least ten years of demonstrated
experience in the field of finance. Officers and employees of said
corporation shall not be subject to the provisions of chapter 30
of the General Laws or section 9A, 45, 46, 51 or 52 of chapter 31
of the General Laws. Officers and employees of said corporation
shall be subject to the provisions of chapter 268A of the General
Laws. Compensation for employees of said corporation, including
the executive director and chief financial officer, shall be set
by said board.
SECTION 12. The corporation may hire, fix and pay compensation,
prescribe duties and qualifications and establish personnel policies
without regard to any personnel or civil service law or personnel
or civil service rule of the commonwealth. The employees of said
corporation shall not be classified employees of the commonwealth.
Any individual employed by said corporation shall be deemed an employee
at will and shall serve at the pleasure of said corporation.
SECTION 13. (a) The Reuse Plan prepared by the Naval air
station planning committee and approved by majority vote of the
town meetings of the three towns, and the zoning by-laws approved
by a two-thirds vote of the town meetings of the three towns, shall
govern the corporation's redevelopment of the NAS South Weymouth
Redevelopment Area. Said zoning by-laws shall be effective on the
date that the last of the three towns gives its approval of the
same; provided, however, that neither the towns nor said corporation
may initiate or undertake any redevelopment activity within the
NAS South Weymouth Redevelopment Area, unless and until the three
towns approve said zoning by-laws in accordance with this section.
Once effective, said zoning by-laws shall supersede the existing
zoning by-laws of the towns except to the extent the existing zoning
by-laws are incorporated in the zoning by-laws. Adoption of the
Reuse Plan and zoning by-laws by the towns shall constitute final
acceptance of the same for the purposes of this act.
(b) A revision to the Reuse Plan or zoning by-laws considered to
be substantial as that term is defined in the Reuse Plan and zoning
by-laws shall not be effective until the towns, following public
hearings, approve said revision. Within 90 days of receipt of a
proposed substantial revision to the Reuse Plan or zoning by-laws,
the board of selectmen of each of the towns shall convene a town
meeting for the purpose of adopting by majority vote of each town
meeting the substantial revision to the Reuse Plan, or adopting
by two-thirds vote of each town meeting the substantial revision
to the by-laws, as the case may be. Each town shall vote to adopt
or disapprove the substantial revision to the Reuse Plan or zoning
by-laws as submitted. No amendments to the proposed substantial
revision to the Reuse Plan or zoning by-laws shall be made by the
towns. Each town shall, within 30 days of adoption or rejection
of a proposed substantial revision to the Reuse Plan or zoning by-laws
at a town meeting, provide the secretary with a written notification
stating whether the town meeting adopted or rejected the proposed
substantial revision to the Reuse Plan or zoning by-laws. Until
such time as all three towns have adopted the proposed substantial
revision to the Reuse Plan or zoning by-laws, said change to the
Reuse Plan or zoning by-laws shall have no force or effect. Revisions
to the Reuse Plan or zoning by-laws not considered substantial pursuant
to the guidelines set forth in the Reuse Plan or zoning by-laws
shall be effective upon approval thereof by the corporation. Prior
to approving any revision not considered substantial, said corporation
shall formally notify and consult with the towns and the advisory
board, publish a notice of public hearing in a newspaper of general
circulation within the NAS South Weymouth Region, hold at least
one public hearing in the NAS South Weymouth Redevelopment Area
or in any one of the towns, and afford the opportunity for public
comment at which the proposed revision to the Reuse Plan or zoning
by-laws not considered substantial shall be considered and voted
upon. Nothing in this section shall require said corporation to
be governed by the requirements of chapter 30A of the General Laws.
(c) The procedures set forth in this section for the adoption of
the Reuse Plan and zoning by-laws, whether such adoption occurs
prior to or subsequent to the effective date of this act, and for
adopting revisions to the Reuse Plan and zoning by-laws shall be
exclusive notwithstanding any other provision of general or special
law.
(d) Regulations for the effective implementation and enforcement
of the Reuse Plan and zoning by-laws and revisions thereof shall
be developed and adopted by the corporation, pursuant to section
6. No regulation shall be adopted by said corporation without first
publishing notice of same in a newspaper of general circulation
within the NAS South Weymouth Region, holding at least one public
hearing in the NAS South Weymouth Redevelopment Area or in any one
of the towns, and affording the opportunity for public comment.
Nothing in this section shall require said corporation to be governed
by the requirements of chapter 30A of the General Laws.
(e) Except where the provisions of the General Laws establish jurisdiction
of another court or agency to act on appeal from such determination
or approval when otherwise made by a municipal board, commission
or official, any person aggrieved by a determination or approval
of the corporation, whether or not previously a party to the proceeding,
may appeal to the superior court or land court by bringing an action
within 20 days after said corporation has filed its decision in
each of the three towns' clerk's offices. Said 20 day period shall
commence only after all such filings have been completed. The court
shall hear all pertinent evidence and shall annul the determination
of said corporation if it finds that said determination is unsupported
by substantial evidence or exceeds the authority of said corporation,
or it may remand the case for further action by said corporation
or may make such other decree as is just and equitable.
(f) The Naval air station planning committee shall be disestablished
on the 120th day following the effective date of enactment of this
act or upon the appointment of the five members of the board of
said corporation, whichever occurs first.
SECTION 14. The corporation shall, with the assistance of
the secretary and the commissioner of revenue, hereinafter referred
to as the commissioner, determine an appropriate plan, in accordance
with the Reuse Plan and zoning by-laws approved by the towns, for
said corporation's assessment of property taxes and other taxes
generally available to be levied or assessed by municipalities under
the General Laws, and user fees in the NAS South Weymouth Redevelopment
Area. The plan shall provide for the imposition and levy of reasonable
assessments, rates, property taxes and user fees upon persons, residents
and estates lying within said NAS South Weymouth Redevelopment Area
including both the central redevelopment and perimeter areas. Said
corporation shall use as its property tax rate for businesses located
within said NAS South Weymouth Redevelopment Area a rate which blends
the business tax rates or equivalent thereof then applicable in
the three towns, in proportion to the respective land area of each
town within said NAS South Weymouth Redevelopment Area to the total
land area within said NAS South Weymouth Redevelopment Area. Upon
approval of such plan by the secretary and the commissioner, said
corporation shall exercise all the powers granted to cities and
towns to enable the collection of such taxes and other charges.
The towns shall not be entitled to assess any fees or taxes on property,
persons or businesses located in said NAS South Weymouth Redevelopment
Area unless the towns or any one of them has by agreement with said
corporation undertaken to issue specific licenses and permits to
persons, businesses or other entities within said NAS South Weymouth
Redevelopment Area. In such cases, the town issuing said licenses
or permits may assess and collect a reasonable fee for the issuance
of such licenses and permits from the licensees or permittees. The
towns shall not be required to incur any costs or expenses related
to the provision of municipal services within said NAS South Weymouth
Redevelopment Area or to provide municipal services therein except
pursuant to written agreement for the provision of the same with
one or more of the towns. Each town shall be responsible for furnishing
or funding the cost of municipal services furnished to any land
within said NAS South Weymouth Redevelopment Area owned or leased
by the towns.
SECTION 15. The executive office of administration and finance
and the departments of housing and community development, labor
and workforce development, and economic development are hereby authorized
and directed to identify a senior staff member who shall assist
the corporation with establishing a method for coordinating one-stop
licensing for all businesses and developments to be located within
the NAS South Weymouth Redevelopment Area for the purpose of expediting
the process for obtaining commonwealth licenses, permits, certificates,
approvals, registrations, charters and meeting any other requirements
of law. Said corporation shall assist prospective developers by
centrally coordinating the submission of licensing and permitting
requests to the permitting agencies.
SECTION 16. Each public agency in the commonwealth involved
in the development or financing of economic development projects
is hereby authorized and directed to develop a coordinated one-stop
program for businesses, institutions and private parties that may
intend to locate in the NAS South Weymouth Redevelopment Area in
order to enable development activities within said NAS South Weymouth
Redevelopment Area to be more effectively promoted by the commonwealth.
SECTION 17. (a) Excess revenues of the corporation, as that
term is defined in the Reuse Plan and zoning by-laws, shall be distributed
by the board annually within 60 days following the end of said corporation's
fiscal year to the towns of Abington, Rockland and Weymouth based
upon the ratio of the land area of each town located within the
boundaries of the NAS South Weymouth Redevelopment Area to the total
acreage of said NAS South Weymouth Redevelopment Area.
(b) The sharing of tax and nontax revenues generated in said NAS
South Weymouth Redevelopment Area shall continue based on the formula
in subsection (a) in perpetuity following termination of said corporation
in accordance with section 31.
SECTION 18. (a) The corporation is hereby authorized to
provide by resolution for the issuance of revenue bonds of said
corporation for the purposes of paying all or any part of the cost
of a project or projects and operating and maintenance costs including,
without limitation, the costs of acquiring real estate, of professional
services, and any and all costs incidental to the planning, design,
and development of the project or projects. Revenue bonds may pledge
as security, among other things, notes, debentures, long term capital
leases, and long term contracts. Said corporation may issue no more
than $110,000,000 of such revenue bonds or notes as may be otherwise
authorized. The principal of and interest on such bonds shall be
payable solely from the funds provided herein for such payment.
The bonds of each issue shall be dated, shall bear interest at such
rates, which may be variable or fixed, and shall mature at such
time or times not exceeding 20 years from their date or dates of
initial issuance, as said corporation may determine, and may be
made redeemable before maturity, at the option of said corporation,
at such price or prices and under such terms and conditions as said
corporation may fix prior to the issuance of the bonds. Said corporation
shall determine the form of the bonds, including any interest coupons
to be attached thereto, and the manner of execution of the bonds,
and shall fix the denomination of the bonds and the place or places
of payment of principal and interest. In case any officer whose
signature or a facsimile of whose signature shall appear on any
bonds or coupons shall cease to be such officer before the delivery
of such bonds, such signature or such facsimile shall nevertheless
be valid and sufficient for all purposes the same as if he had remained
in office until such delivery. The bonds may be issued in coupon
or registered form or both, as said corporation may determine, and
provision may be made for the registration of any coupon bonds as
to principal alone and also as to both principal and interest. The
bonds may be issued in different series for different projects and
may be either tax-exempt or taxable as permitted by law. Said corporation
may sell such bonds in such manner, either at public or private
sale, and for such price, as it may determine to be in the best
interests of said corporation.
(b) The proceeds of such bonds shall be used solely for the payment
of the cost of operations and maintenance and for projects determined
by the board to be in furtherance of the purposes of said corporation
and of this act, and shall be disbursed in such manner and under
such restrictions, if any, as said corporation may provide. Prior
to the preparation of definitive bonds, said corporation may, under
like restrictions, issue interim receipts or temporary notes, with
or without coupons, exchangeable for definitive bonds when such
bonds have been executed and are available for delivery. Said corporation
may also provide for the replacement of any bonds that shall become
mutilated or shall by destroyed or lost. Revenue bonds may be issued
under the provisions of this act subject only to those proceedings,
conditions or things that are specifically required by this act.
(c) Said corporation is hereby authorized to provide by resolution
for issuance of revenue refunding bonds of said corporation for
the purpose of refunding any revenue bonds then outstanding and
issued under the provisions of this act, including the payment of
any redemption premium thereon and any interest accrued or to accrue
to the date of redemption of such bonds, and, if deemed advisable
by said corporation, for the additional purpose of constructing
or reconstructing any extensions or improvements of the project.
The issuance of such bonds, the maturities, and other details thereof,
the rights of the holders thereof, and the duties of said corporation
in respect to the same shall be governed by the provisions of this
act insofar as the same may be applicable.
(d) While any bonds issued by said corporation remain outstanding,
the powers, duties or existence of said corporation shall not be
diminished or impaired in any way that will adversely affect the
interests and rights of the holders of such bonds.
(e) The board may by resolution delegate to any director or to
any officer of said corporation the power to determine any of the
matters set forth in this section.
(f) Revenue and revenue refunding bonds issued under the provisions
of this section, unless otherwise authorized by law, shall not be
deemed to constitute a debt of the commonwealth or of the towns,
or a pledge of the faith and credit of the commonwealth or of the
towns, but such bonds shall be payable solely from the funds of
said corporation or as otherwise provided in this act. Unless the
towns or the commonwealth subsequently agree to pay said revenue
and revenue refunding bonds of said corporation, then all such revenue
and revenue refunding bonds shall contain on the face thereof a
statement to the effect that neither the commonwealth nor the towns
shall be obliged to pay the same or the interest thereon and that
neither the faith and credit nor taxing power of the commonwealth
or the towns is pledged to the payment of the principal of or the
interest on such bonds.
(g) All revenue and revenue refunding bonds issued under the provisions
of this section shall have and are hereby declared to have all the
qualities and incidents of negotiable instruments.
(h) Prior to the issuance of any revenue bonds with a maturity
date later than the date said corporation is required to be terminated
pursuant to section 31, the boards of selectmen of the towns, in
consultation with said corporation, shall enter into an inter-municipal
debt service agreement acceptable to said corporation, which shall
provide for the continued payment of principal and interest on such
bonds and the maintenance of all required reserves and any other
obligations as may be set forth in the applicable bond instruments
solely from the tax and nontax revenues generated in the NAS South
Weymouth Redevelopment Area and said corporation and the towns are
hereby authorized to enter into and perform their respective obligations
under such debt service agreement; provided, however, that such
agreement shall not extend the duration of said corporation past
the date on which it is to be terminated pursuant to section 31.
SECTION 19. (a) In the discretion of the corporation, revenue
bonds or revenue refunding bonds may be secured by a trust agreement
by and between said corporation and a corporate trustee. Such trust
agreement may pledge or assign the revenues to be received, but
shall not convey or mortgage any project or part thereof.
(b) Either the resolution providing for the issuance of bonds or
the trust agreement may contain such provisions for protecting and
enforcing the rights and remedies of the bondholders as may be reasonable
and proper and not in violation of law, including, without limiting
the generality of the foregoing, provisions defining defaults and
providing for remedies in the event thereof, which may include the
acceleration of maturities, and covenants setting forth the duties
of, and limitations on, said corporation in relation to the acquisition,
construction, improvement, enlargement, alteration, equipping, furnishing,
maintenance, operation, repair, insurance and disposition of property,
custody, safeguarding, investment, application of moneys, use of
any surplus bond or note proceeds and establishment of reserves.
Such resolution or trust agreement may also contain covenants by
said corporation in relation to, among other things: (1) the establishment,
revision and collection of such taxes, rents and charges for services
or facilities furnished or supplied by said corporation as shall
provide revenues which together with other revenues of the project,
if any, are sufficient to pay (i) the cost of maintaining, repairing
and operating the project and of making renewals and replacements
in connection therewith, (ii) the principal of and the interest
on said revenue bonds, as the same shall become due and payable,
(iii) payments in lieu of taxes, betterments and special assessments,
and (iv) reserves for all such purposes; (2) the purpose or purposes
for which the proceeds of the sale of the bonds will be applied
and the use and disposition thereof; (3) the use and disposition
of the gross revenues of said corporation from the project, any
additions thereto and extension and improvements thereof, including
the creation and maintenance of funds for working capital and for
renewals and replacements to the project; (4) the amount, if any,
of additional revenue bonds payable from the revenues of the project
and the limitations, terms and conditions on which such additional
revenue bonds may be issued; and (5) the operation, maintenance,
management, accounting and auditing of the project and of the income
and revenues of said corporation.
(c) It shall be lawful for any bank or trust company incorporated
under the laws of the commonwealth to act as depository of the proceeds
of bonds or of revenues and to furnish such indemnifying bonds or
to pledge such securities as may be required by said corporation.
Such trust agreement may set forth the rights and remedies of the
bondholders and of the trustee, and may restrict the individual
right of action by bondholders as is customary in trust agreements
or trust indentures securing bonds and debentures of corporations.
In addition to the foregoing, such trust agreement may contain such
other provisions as said corporation may deem reasonable and proper
for the security of the bondholders. All expenses incurred in carrying
out the provisions of such trust agreement may be treated as a part
of the cost of the operation of the project. The pledge by any such
trust agreement or resolution shall be valid and binding from the
time when the pledge is made; the revenues or other moneys so pledged
and then held or thereafter received by said corporation shall immediately
be subject to the lien of such pledge without any physical delivery
thereof or further act; and the lien of any such pledge shall be
valid and binding as against all parties having claims of any kind
in tort, contract or otherwise against said corporation, irrespective
of whether such parties have notice thereof. The financing document
by which any pledge is created by said corporation shall not be
required to be filed or recorded to perfect such pledge except in
the official records of said corporation and no Uniform Commercial
Code filing shall be required to be made.
SECTION 20. Revenue bonds and revenue refunding bonds issued
under the provisions of this act are hereby made securities in which
all public officers and public bodies of the commonwealth and its
political subdivisions, all insurance companies, trust companies
and their commercial departments and within the limits set forth
in chapter 172 of the General Laws, banking associations, investment
companies, executors, trustees and other fiduciaries, and all other
persons whatsoever who are now or may hereinafter be authorized
to invest in bonds or other obligations of a similar nature may
properly and legally invest funds, including capital in their control
or belonging to them; and such bonds are hereby made obligations
that may properly and legally be made eligible for the investment
of savings deposits and the income thereof in the manner provided
in chapter 168 of the General Laws. Such bonds are hereby made securities
that may properly and legally be deposited with and received by
any state or municipal officer or any agency or political subdivision
of the commonwealth for any purpose for which the deposit of bonds
or other obligations of the commonwealth is now or may hereafter
be authorized by law.
SECTION 21. Any holder of bonds issued under the provisions
of this act or any coupons pertaining thereto, and the trusts, except
to the extent the rights herein given may be restricted by the trust
agreement, may, by commencing a civil action, protect and enforce
any and all rights under the laws of the commonwealth or granted
hereunder or under the trust agreement, and may enforce and compel
the performance of all duties required by this act or by the trust
agreement, to be performed by the corporation or by any officer
thereof.
SECTION 22. The towns and the commonwealth are pledged to
agree with the holders of the bonds or notes that neither the towns
nor the commonwealth shall limit or alter or cause to limit or alter
the rights hereby vested in the corporation to acquire, construct,
reconstruct, improve, maintain, equip and furnish the project or
projects, to establish and collect rentals, fees and other charges
and to fulfill the terms of any agreements made with the holders
of the bonds or notes nor in any way impair the rights and remedies
of the bondholders or note holders, until the bonds or notes, together
with interest thereon, with interest on any unpaid installments
of interest and all costs and expenses in connection with any action
or proceeding by or on behalf of the bondholders or note holders,
are fully met and discharged.
SECTION 23. (a) It is hereby determined that the creation
of the corporation and the carrying out of its corporate purposes
is in all respects for the benefit of the people of the commonwealth
and is a public purpose, and said corporation shall be regarded
as performing a governmental function in the exercise of the powers
conferred upon it by this act and shall be required to pay no taxes
or assessments upon any of the property acquired by it or under
its jurisdiction, control or supervision or upon its activities.
(b) Any bonds issued under this act, including any exchange, sale
or transfer of such bonds, and any income derived there from, as
well as the property of the agency, shall at all times be free from
taxation by the commonwealth or any political subdivision or entity
thereof.
SECTION 24. The corporation shall be liable in contract
and in tort in the same manner as a municipal corporation. The directors,
officers, employees and agents of said corporation including members
of the advisory board established pursuant to section 10, shall
not be liable as such on their contracts or for torts not committed
or directly authorized by them. The property or funds of said corporation
shall not be subject to attachment or to levy and sale on execution,
but if said corporation refuses to pay a judgment entered against
it in any court of competent jurisdiction, the superior court, sitting
within and for the county in which said corporation is situated,
may direct the treasurer of said corporation to pay such judgment.
The real estate owned by said corporation shall not be subject to
liens under chapter 254 of the General Laws but the provisions of
sections 28 and 29 of chapter 149 of the General Laws shall be applicable
to any construction work by said corporation.
SECTION 25. Notwithstanding the provisions of any general
or special law to the contrary, the corporation shall be deemed
to be a public employer for purposes of chapter 258 of the General
Laws.
SECTION 26. (a) The corporation may, if appropriate, make
application to the Untied States Department of Housing and Urban
Development or, as necessary, any other federal agency, to designate
all or a portion of the NAS South Weymouth Redevelopment Area as
an enterprise zone, pursuant to 42 U.S.C. section 11501 et seq.,
as amended, or any existing or successor statute for the purpose
of creating jobs and encouraging development in said NAS South Weymouth
Redevelopment Area.
(b) Said NAS South Weymouth Redevelopment Area and the towns of
Abington, Rockland and Weymouth are hereby designated economic target
and economic opportunity areas as defined in sections 3D and 3E
of chapter 23A of the General Laws. Pursuant to such designation,
certain development projects within said NAS South Weymouth Redevelopment
Area and the towns of Abington, Rockland and Weymouth shall be eligible
for tax deductions, credits and abatements and other economic incentives
as provided for in sections 3E to 3H of said chapter 23A. Said corporation
shall render such certifications as are required by law for projects
within the central redevelopment area and each town shall render
such certifications within its respective sector of the perimeter
area. The designation of said NAS South Weymouth and the towns of
Abington, Rockland and Weymouth as economic target areas shall be
in addition to the 20 economic target areas that are authorized
to be established throughout the commonwealth pursuant to paragraph
5 of said section 3E of said chapter 23A.
SECTION 27. The corporation shall be subject to all laws
applicable to municipal redevelopment authorities created under
section 4 of chapter 121B of the General Laws.
SECTION 27A. The corporation or its agent may enter into
project labor agreements covering construction performed on and
during redevelopment of the NAS South Weymouth Redevelopment Area
pursuant to paragraphs (p) and (z) of this act.
SECTION 28. The corporation shall keep an accurate account
of all of its activities and all receipts and expenditures. Said
corporation shall prepare annual reports of its activities in the
NAS South Weymouth Redevelopment Area during the preceding fiscal
year and submit such reports to the governor, secretary, general
court, advisory board and boards of selectmen of the towns. Each
such report shall set forth a complete operating and financial statement
covering said corporation's operations in said NAS South Weymouth
Redevelopment Area during the previous year. Said corporation shall
cause an audit of its books and accounts relating to said NAS South
Weymouth Redevelopment Area to be made at least once in each fiscal
year by certified public accountants. Such audit shall be filed
with the state auditor annually on or before the one hundred and
twentieth day following the end of said corporation's fiscal year
and shall be in a form prescribed by the state auditor. Said auditor
shall likewise audit said corporation's books and accounts at least
once every two fiscal years. Said auditor may investigate the budget
and finances, transactions and relationships of said corporation
at any time and shall have the power to examine said corporation's
records and to prescribe methods of accounting and the rendering
of periodic reports. All such audits of said corporation shall be
deemed to be public records.
SECTION 29. The provisions of sections 23A to 23C of chapter
39 of the General Laws shall be applicable to the corporation.
SECTION 30. (a) Unless otherwise extended by operation of
subsection (b), the corporation shall be dissolved no later than
the last day of the twentieth year following the effective date
of this act, or on the date that the redevelopment of the NAS South
Weymouth Redevelopment Area contemplated in the Reuse Plan and zoning
by-laws is fully accomplished, whichever occurs first; provided,
however, that termination of said corporation shall not occur prior
to the date on which the entire outstanding indebtedness of said
corporation is fully retired pursuant to the terms and conditions
of any debt and trust instruments entered into by said corporation
as authorized by this act, unless such indebtedness is transferred
to a party acceptable to the debt holders which shall be responsible
for fulfilling all terms and conditions to which said corporation
was previously obliged, in which case said corporation shall be
terminated as hereinabove described; provided, further, that the
duration of said corporation may be extended for an additional period
of five years following the end of the 20 year period, but only
upon the unanimous request to the general court from the three towns,
signified by a majority vote of the boards of selectmen of each
town, and enactment by the general court of an act extending the
life of said corporation. In no event may said corporation issue
any revenue bonds or other debt instruments which provide for a
maturity date later than the last day of the twentieth year following
the effective date of this act, unless: (i) said corporation is
expressly authorized to do so by duly enacted legislation following
receipt by the general court of home rule petitions approved by
two-thirds votes of the town meetings of the towns, or (ii) a debt
service agreement as referenced in paragraph (h) of section 18 has
been entered into.
(b) At least 24 months prior to the termination date of said corporation,
unless any matter which would otherwise be addressed therein requires
earlier agreement among the towns, the towns shall enter into an
inter-municipal agreement in accordance with section 4A of chapter
40 of the General Laws which, among other things, shall provide
for the following: (i) disposition of all real and personal property
within the NAS South Weymouth Redevelopment Area which said corporation
owns or has any interest in on the date of termination, (ii) assumption
of all contractual obligations including all lease agreements of
said corporation which do not expire on the date of termination,
(iii) assessment, collection and distribution of tax and nontax
revenues to the towns in accordance with section 17, (iv) arrangement
for the provision of, and reimbursement for, municipal services
furnished by the towns to the NAS South Weymouth Redevelopment Area
which continue after the date of termination, (v) arrangements for
the transfer and assumption by the towns of said corporation's zoning
administration, licensing and permitting authorities, and (vi) resolution
of any other matters relating to said corporation which the towns
determine to be in their best interests. The towns are hereby authorized
to enter into and perform their respective obligations under such
inter-municipal agreement. Notwithstanding the termination provisions
of subsection (a), said corporation shall not be dissolved unless
and until the three towns have entered into and executed the intermunicipal
agreement provided for in this subsection.
SECTION 31. This act shall take effect upon its passage.
Approved August 14, 1998.
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