[Amended 11-20-2019 STM, Art. 13]
Whenever any property of the town, other than
real estate, shall become obsolete, disused, worn out or necessary
to replace, the town official or officials having jurisdiction thereof
shall so certify, in writing, to the Town Manager. The Town Manager
shall reserve action to abandon, trade or sell such property at either
private or public sale until such time as he has sent written notice
of the proposed action to the Select Board and the Finance Committee.
[Added 5-3-2017 ATM,
Art. 3]
A. Purpose.
(1) This by-law establishes and authorizes revolving funds for use by
Town departments, boards, committees, agencies or officers in connection
with the operation of programs or activities that generate fees, charges
or other receipts to support all or some of the expenses of those
programs or activities. These revolving funds are established under
and governed by General Laws Chapter 44, § 53E1/2.
B. Expenditure Limitations.
(1) A department or agency head, board, committee or officer may incur
liabilities against and spend monies from a revolving fund established
and authorized by this by-law without appropriation subject to the
following limitations:
(a)
Fringe benefits of full-time employees whose salaries or wages
are paid from the fund shall also be paid from the fund [, except
for those employed as school bus drivers2].
(b)
No liability shall be incurred in excess of the available balance
of the fund.
(c)
The total amount spent during a fiscal year shall not exceed
the amount authorized by Town meeting on or before July 1 of that
fiscal year, or any increased amount of that authorization that is
later approved during that fiscal year by the select board and finance
committee.
C. Interest.
(1) Interest earned on monies credited to a revolving fund established
by this by-law shall be credited to the general fund.
D. Procedures and Reports.
(1) Except as provided in General Laws Chapter 44, § 53E1/2
and this by-law, the laws, charter provisions, by-laws, rules, regulations,
policies or procedures that govern the receipt and custody of Town
monies and the expenditure and payment of Town funds shall apply to
the use of a revolving fund established and authorized by this by-law.
The Town accountant auditor shall include a statement on the collections
credited to each fund, the encumbrances and expenditures charged to
the fund and the balance available for expenditure in the regular
report the Town accountant auditor provides the department, board,
committee, agency or officer on appropriations made for its use.
A.
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Authorized Revolving Funds.
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The Table establishes:
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a.
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Each revolving fund authorized for use by a town department,
board, committee, agency or officer,
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b.
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The department or agency head, board, committee or officer authorized
to spend from each fund,
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c.
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The fees, charges and other monies charged and received by the
department, board, committee, agency or officer in connection with
the program or activity for which the fund is established that shall
be credited to each fund by the town accountant,
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d.
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The expenses of the program or activity for which each fund
may be used,
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e.
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Any restrictions or conditions on expenditures from each fund,
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f.
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Any reporting or other requirements that apply to each fund,
and
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g.
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The fiscal years each fund shall operate under this by-law.
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FUND
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REVENUE SOURCE
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AUTHORITY TO SPEND FUNDS
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USE OF FUNDS
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FISCAL YEARS
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Senior Program Revolving
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Monies paid by those who avail themselves of such programs for
such programs
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Director of Elder Affairs
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The purpose of which shall be to pay for programs conducted
by the Council on Aging for the benefit of Ashland senior citizens
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2018 and subsequent years
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Community Center Rental
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Monies paid by the renter and that such monies represent the
cost of providing said building
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Town Manager
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The purpose of which shall be to pay for expenses and maintenance
incurred for the rental of said building
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2018 and subsequent years
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Town of Holliston Animal Control Revolving
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Monies paid by the Town of Holliston and that such monies represent
the cost of providing Animal Control services
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Town Manager
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The purpose of which shall be to pay for expenses incurred for
the care and capture of animals on behalf of the Town of Holliston
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2018 and subsequent years
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Library Materials Replacement Fund
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Monies paid by the borrowers of the lost or damaged materials
and that such monies represent the replacement cost of the materials
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Library Director with approval of Board of Trustees
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The purpose of which shall be to acquire equivalent Public Library
materials to replace items lost or damaged by those who borrow such
materials
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2018 and subsequent years
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Hazardous Waste Revolving Fund
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Drop off cost the resident will pay for the service
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Town Manager
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The purpose of which shall be to be able to continue to drop
off programs for TV's & Computers
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2018 and subsequent years
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Sidewalk Construction Fund
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Monies paid by those who avail themselves of such programs for
such programs
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Planning Board
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The purpose of which shall be to pay for sidewalks
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2018 and subsequent years
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Guidance Revolving Fund
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Fees paid by those who will be taking the PSAT and/or AP exams
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High School Principal
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The purpose of which shall be to pay for the institutional,
per student cost for our students who take the PSAT and/or Advanced
Placement (AP) tests and to pay for proctors during the exams
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2018 and subsequent years
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Food Inspection Program Revolving Fund
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Monies paid by those who avail themselves of such inspections,
investigations and reviews for such programs, including the monies
collected for food establishment permit fees
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Director/Agent of Board of Health
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The purpose of which shall be a self-supporting program which
will collect fees for the services provided to pay for food establishment
programs provided by the Board of Health for the delivery of routine
inspections, investigations and reviews for food establishments
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2018 and subsequent years
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Tobacco Program Revolving Fund
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Monies paid by those who avail themselves of such programs,
including the monies collected for tobacco sales permit fees
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Director/Agent of Board of Health
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The purpose of which shall be a self-supporting program which
will collect fees for the services provided to pay for inspections
and programs provided by the Board of Health for the delivery of tobacco
control comprehensive inspections at tobacco sales locations and for
evidence based education programs that will benefit the residents
of Ashland
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2018 and subsequent years
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Ambulance Revolving Fund
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Monies paid to the Town from ambulance receipts
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Town Manager
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The purpose of which shall be to pay for the costs of providing
ambulance and emergency response services
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2018 and subsequent years
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[Added 11-28-2018 STM
by Art. 15]
A. Authority. This by-law is adopted pursuant to the authority of G.L.c.
40, § 21 and G.L.c. 40, § 58, as amended, and
any other relevant statutes and regulations.
B. Purpose. The purpose of this section is to establish a municipal
charges lien program to provide a cost-effective method of collecting
a charge, fine, penalty, and/or fee assessed against an owner of real
property in the Town who fails and/or refuses to pay said charge or
charges, fine or fines, penalty or penalties, and/or fee or fees when
due, by placing a lien upon real estate owned by the property owner.
C. Applicability. The municipal charges lien shall apply to the following
municipal charges and/or fees:
a. Charges, fines, penalties, unpaid amounts due and/or fees including
interest and all costs to record said lien(s) in the Middlesex South
Registry of Deeds for violations of development agreements.
b. Charges, fines, penalties, unpaid amounts due and/or fees including
interest and all costs to record said lien(s) in the Middlesex South
Registry of Deeds for violations of contracts with the Town.
c. Charges, fines, penalties, unpaid amounts due and/or fees including
interest and all costs to record said lien(s) in the Middlesex South
Registry of Deeds for violations of tax agreements.
D. Lien Takes Effect. The Municipal Charges Lien will take effect upon
the recording of a statement of unpaid municipal charges, unpaid amounts
due, fines, penalties, and fees, setting forth the amount due, including
recording costs, the address(es) of the land to which the lien is
to apply and the name of the assessed owner.
E. Collection of the Lien.
a. The Tax Collector shall be in charge of collecting the lien.
b. The Treasurer who is the person responsible for collecting the unpaid
municipal charges, unpaid amounts due, fines, penalties, and fees
shall notify the Assessors of all unpaid municipal charges, unpaid
amounts due, fines, penalties, and fees that have not been paid or
appealed to the court at the end of each month.
c. The Assessor shall prepare a statement of Municipal Charges Lien
for each person from the list(s) received from the Town Clerk or person
responsible for collecting the unpaid municipal charges, unpaid amounts
due, fines, penalties, and fees and shall forward said statement of
lien to the Tax Collector who shall cause said statement(s) to be
recorded in the Middlesex South Registry of Deeds.
F. Unpaid Municipal Charges Liens.
a. If unpaid municipal charges, unpaid amounts due, fines, penalties,
and fees fine, secured by the lien is unpaid when the Assessors are
preparing the real estate tax list and warrant, the Tax Collector
shall certify the unpaid municipal charges, unpaid amounts due, fines,
penalties, and fees to the Assessors' Department and the Assessors
shall add the unpaid municipal charges, unpaid amounts due, fines,
penalties, and fees to the next property tax bill to which it relates,
and commit it with the warrant to the collector as part of the tax.
b. If the property to which the unpaid municipal charges, unpaid amounts
due, fines, penalties, and/or fees relates is tax exempt, the unpaid
municipal charges, unpaid amounts due, fines, penalties, and fees
shall be committed as a tax on said property.
G. Release of the Lien. The Municipal Charges Lien may be discharged
by filing a certificate from the Tax Collector that all unpaid municipal
charges, unpaid amounts due, fines, penalties, and fees constituting
a lien, together with any interest and costs have been paid or legally
abated. All costs of recording or discharging a lien under this section
shall be borne by the owner of the property.