An Act to incorporate the Town of North Reading.
Be it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same, as follows:
SECT. 1. All that portion of the town of Reading, lying northerly
of a line commencing at Wilmington, on Ipswich River; thence down
the thread of said river to Bear Meadow Brook; thence southerly, up
the thread of said brook to a stone monument at a maple stump; thence
in a straight line to a stone monument on Bear Meadow Causeway; thence
eastwardly in a straight line, to a stone monument north of Tolman's
Island, then eastwardly in a straight line to a stone monument at
the north west corner of Israel A. Parson's land; thence southerly
in a straight line to a stone monument on said Parson's land;
thence easterly, in a straight line to a stone monument at Lynnfield
line; is hereby incorporated into a town by the name of North Reading;
and the said town of North Reading is hereby vested with all the powers,
privileges, rights and immunities, and made subject to all the duties
and regulations, to which other towns are entitled and subjected by
the constitution and laws of this commonwealth.
SECT. 2. The said towns of Reading and North Reading shall be
respectively liable for the support of all persons who shall hereafter
become paupers, whose legal settlement had been gained within their
respective limits at the time of the passage of this act, or whose
legal settlement was derived or gained from a settlement which had
been gained or derived within their respective limits, at the time
of the passage of this act, unless such persons so becoming paupers
as aforesaid, shall have acquired a legal settlement in either of
said towns since the passage of this act; in which event, the town
in which such legal settlement has been so gained, shall be liable
for their support upon their becoming paupers.
SECT. 3. The town of North Reading shall be entitled to and
receive from the Town of Reading, one-third only of the surplus revenue
of the United States, deposited with said last named town, by virtue
of the laws of this commonwealth, and shall pay to said town of Reading
the one-third part thereof so received, whenever the town of Reading
shall be called upon to repay said surplus revenue, deposited with
said town by authority of law, which right to receive and obligation
to repay may be enforced by an action at law, in any court competent
to try the same.
SECT. 4. The town of North Reading shall be holden to pay to
the town of Reading its proportion of all debts and liabilities, for
which the town of Reading may be liable when this act takes effect,
and shall be holden to pay all arrearages of taxes legally assessed
upon its inhabitants, and also its proportion of all such state and
county taxes as may be legally required of said town of Reading, before
the taking of the next state valuation. Said proportion of said debts
and liabilities and said state and county taxes to be ascertained
and determined by the last decennial valuation of the town of Reading.
And the town of North Reading is hereby authorized and required to
assess such proportion of the state and county taxes required to be
raised by the town of Reading, determined and ascertained as aforesaid,
upon the polls and estates of the inhabitants of said North Reading,
and pay the same on demand to the said town of Reading.
SECT. 5. The town of Reading, at the first meeting of the inhabitants
after the passage of this act, shall choose one disinterested person;
and the town of North Reading, at the first meeting of the inhabitants
after the passage of this act, another, and these two shall choose
a third, as soon as may be, who shall constitute a board to hear both
said towns, and determine the sum that shall be awarded to North Reading
for the relinquishment of the name of Reading; and to determine the
sum that shall be awarded to said North Reading in consideration of
its roads and bridges; to make a division of the paupers between said
towns, and a just and equitable division of all the property of said
town of Reading, except the surplus revenue of the United States deposited
with said town; and to adjust all differences arising from the division
of said town of Reading; and the decision of said board, or a majority
of it, shall be final and binding on each of said towns. And said
board shall have power to divide any real estate or other property,
except said surplus revenue, now owned by the town of Reading, between
said towns of Reading and North Reading, in such proportions as they
shall deem just, having regard to the polls and estates of the inhabitants
of said towns; and said board, or a majority of the members thereof,
shall reduce their award concerning the premises to writing, which
shall be signed by the members making the same, and shall deliver
a duplicate original of the same to the town clerk of each of said
towns, for the use of said towns; and either of said towns may enforce
the provisions and requirements of said award, by an action at law
or by a bill in equity before any of the courts of this commonwealth
competent to try the same. And if either of said towns shall unreasonably
neglect or refuse to appoint a disinterested person as a member of
said board, as heretofore provided for, then and in that event, the
other of said towns, who shall have appointed a member of said board
as aforesaid, may apply to the court of common pleas, at any term
thereof, holden for the county of Middlesex; giving to the town so
neglecting or refusing, seven days of notice of said application,
to appoint one member of said board; and said court shall appoint
some disinterested person as a member of said board, who shall have
the same power and authority as if he had been appointed by either
of said towns in the manner aforesaid.
SECT. 6. The town of North Reading shall, — for
the purpose of electing a representative to the General Court, to
which the territory now comprised in the town of Reading is entitled
at the present time, until the next decennial census, or until another
apportionment of representatives be made, — remain
a part of said town of Reading; and the inhabitants of said town of
North Reading shall vote for a person for representative, at the meetings
when by law a representative can be elected, who may be an inhabitant
of either of said towns; and it shall be the duty of the selectmen
of North Reading, to preside at such meetings, and receive and count
the votes, — and a certificate of said votes shall
be made by said selectmen and town clerk of said town of North Reading,
and returned to the selectmen of the town of Reading, within forty-eight
hours after the day of election, and the votes so returned shall be
counted by the selectmen of Reading as a part of the votes of said
town of Reading: — and if no choice is thus made of
representative at the first day of election therefor, then it shall
be the duty of the selectmen of both towns, to issue a warrant for
another meeting of the inhabitants, for the choice of representative,
whenever the selectmen of one of said towns may be required by law
to issue such warrant, — and at such second meetings
of the inhabitants of North Reading and Reading, the same proceedings
are to be had, as to receiving, counting and certifying the votes
for representative, as at said first meeting as aforesaid by both
said towns.
SECT. 7. Any justice of the peace for the county of Middlesex
is hereby authorized to issue his warrant to any principal inhabitant
of the town of North Reading, requiring him to warn the inhabitants
of said town, qualified to vote in elections, to meet at the time
and place therein appointed, for the purpose of choosing all such
town officers, and the transaction of such other business, as towns
are by law authorized and required to choose or transact, at their
annual meetings, by posting up attested copies of the warrant, in
the same manner as town meetings are now called in the town of Reading:
and said justice, or said principal inhabitant in his absence, shall
preside at said meeting, until a moderator is chosen.
SECT. 8. This act shall take effect from and after its passage.
[Approved by the Governor, March 22, 1853.]
AN ACT AUTHORIZING THE PLACING OF THE OFFICE
OF CHIEF OF POLICE OF THE TOWN OF NORTH READING UNDER THE CIVIL SERVICE
LAWS.
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Be it enacted, etc., as follows:
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Section 1. The office of chief of police of
the town of North Reading shall, upon the effective date of this act,
become subject to the civil service laws and rules relating to police
officers in towns and the tenure of office of any incumbent thereof
shall be unlimited, subject, however, to said laws and rules. The
incumbent of said office on January first, nineteen hundred and fifty-two,
shall be subjected to a qualifying examination for said office by
the division of civil service. If said incumbent passes said examination,
he shall be certified for said office and shall be deemed to be permanently
appointed thereto without serving any probationary period, and his
tenure of office shall be unlimited, subject, however, to the provisions
of said laws and rules.
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Section 2. This act shall be submitted to the
voters of said town at the annual town meeting or a special town meeting
in the current year in the form of the following question, which shall
be placed, in the case of an annual meeting, upon the official ballot
to be used for the election of town officers at said meeting, or in
case of a special town meeting, upon the ballot to be used at said
meeting: -- "Shall an act passed by the General Court in the year
nineteen hundred and fifty-two, entitled `An Act Authorizing the Placing
of the Office of Chief of Police of the Town of North Reading under
the Civil Service Laws' be accepted"? If a majority of the votes in
answer to said question is in the affirmative, this act shall take
full effect, but not otherwise.
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Approved January 30, 1952
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AN ACT PLACING THE OFFICES AND POSITIONS IN
THE PUBLIC WORKS DEPARTMENT OF THE TOWN OF NORTH READING UNDER THE
CIVIL SERVICE LAWS.
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Be it enacted by the Senate and House of Representatives
in General Court Assembled, and by the Authority of the same, as follows:
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SECTION 1. The offices and positions in the
public works department of the town of North Reading shall, upon the
effective date of this act, be subject to the civil service laws and
rules, and the tenure of office of any incumbent thereof shall be
unlimited, subject, however, to said laws. The incumbent on said effective
date of each such office or position classified in the official service
of the civil service classification shall be subjected to a qualifying
examination for such office or position by the division of civil service,
and, if he passes said examination, shall be certified for said office
or position and shall be deemed to be permanently appointed thereto
without being required to serve any probationary period.
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SECTION 2. This act shall be submitted for acceptance
to the voters of the town of North Reading at the annual town meeting
in the current year in the form of the following question, which shall
be placed upon the official ballot to be used for the election of
town officers at said meeting:- "Shall an act passed by the General
Court in the year nineteen hundred and sixty-two, entitled, `An Act
placing the offices and positions in the public works department of
the town of North Reading under the cicil [sic] service laws,' be
accepted?" If a majority of the votes in answer to said question is
in the affirmative, this act shall thereupon take full effect, but
not otherwise.
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Approved January 30, 1962
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AN ACT TO AUTHORIZE THE FORMATION OF A REGIONAL
VOCATIONAL SCHOOL DISTRICT BY THE CITIES OF CHELSEA, MALDEN, MELROSE,
REVERE AND WOBURN, AND THE TOWNS OF NORTH READING, READING, SAUGUS,
STONEHAM, WAKEFIELD AND WINCHESTER.
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Whereas, The deferred operation of this act
would tend to defeat its. purpose, which is, in part, to authorize
the formation of a regional vocational school district by certain
cities and towns, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public convenience.
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Be it enacted, etc., as follows:
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SECTION 1. The cities of Chelsea, Maiden, Melrose,
Revere and Woburn, and the towns of North Reading, Reading, Saugus,
Stoneham, Wakefield and Winchester, or any one or more of these cities,
or any one or more of these towns, or any combination thereof, by
vote of their respective city councils or vote in town meeting, may
create a special. unpaid board to be known as a regional vocational
school district planning board, to consist of one member of the school
committee and two members at large to be appointed by the city council
of each of said cities so voting, and one member of the school committee
and two members at large to be appointed by the moderator of each
of said towns so voting. Each of said cities and each of said towns
may appropriate for the expense of said board such sum or sums, not
exceeding one tenth of one. per cent of the assessed valuation of
such municipality in the preceding year, as it may deem necessary.
Said board shall organize forthwith upon its appointment by the election
of a chairman and secretary-treasurer.
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SECTION 2. It shall be the duty of the regional
vocational school district planning board to study the advisability
of establishing a regional school district, its organization, operation
and control, and of constructing, maintaining and operating a vocational-technical
school to serve the needs of such district; to estimate the construction
and operating costs thereof; to investigate the methods of financing
such vocational-technical school, and any other matters pertaining
to the organization and operating of a regional school district; and
to submit a report of its findings and recommendations to the city
council of each of said cities and to the selectmen of each of said
towns.
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SECTION 3. The said regional district planning
board may recommend that there shall be established a regional vocational
school district which may include all the municipalities represented
by its membership, or any specified combination of such municipalities
including at least two cities and at least two towns. If the said
regional district planning board so recommends, it shall submit a
proposed agreement setting forth the following: —
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(a) The number, composition, method of selection
and terms of office of the members of the regional district school
committee.
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(b) The municipality or municipalities in which,
or the general area within the regional school district where, the
regional district vocational school is to be located.
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(c) The type of regional district vocational school
which may include all phases of state-aided vocational education as
prescribed in chapter seventy-four of the General Laws.
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(d) The method of apportioning the expenses of the
regional school district, and the method of apportioning the costs
of school construction, including any interest and retirement of principal
of any bonds or other obligations issued by the district among the
several municipalities comprising the district, and the time and manner
of payment of the shares of said municipalities of any such expense.
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(e) The method by which school transportation shall
be provided.
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(f) The terms by which any municipality may be admitted
to or separated from the regional school district.
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(g) The method by which the agreement may be amended.
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(h) The detailed procedure for the preparation and
adoption of an annual budget.
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(i) Any other matters, not incompatible with law,
which the said board may deem advisable.
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Copies of such agreement shall be submitted to the emergency
finance board, established under section one of chapter forty-nine
of the acts of nineteen hundred and thirty-three, and the department
of education, and, subject to their approval, to the several municipalities
which are recommended to be included in the district, for their acceptance.
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SECTION 4. The agreement made under section three of this act,
or any amendment to such an agreement, may contain provisions authorizing
any member municipality to sell, lease or grant a license to use any
school building and any land appurtenant thereto or used in connection
therewith to the regional school district, and any such municipality
may authorize such sale, lease or license accordingly, notwithstanding
the provisions of section three of chapter forty of the General Laws
or any other provisions of law to the contrary. In case of a sale,
the price and time or times of payment and the method by which the
municipalities other than the selling municipality shall be assessed
for such payment shall be set forth in the agreement or amendment;
but in no case shall payments be made which shall extend over a period
in excess of twenty years. In the case of a lease or license to use,
the rental or license fee and terms of payment and assessment shall
be set forth in the agreement or amendment. The lease or license to
use may be for a term or period not in excess of twenty years, and
may contain provisions for the extension of the lease or license to
use for an additional term or period not in excess of twenty years,
at the option of the regional district school committee.
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SECTION 5. Upon receipt by any city council of a recommendation
that a regional school district be established, and of a proposed
agreement therefor submitted in accordance with the provisions of
sections one to three, inclusive, of this act, said city council shall
direct the city clerk to cause the question of accepting the provisions
of this act to be placed on the ballot to be used at the next state
election or at the regular city elections to be held in the year nineteen
hundred and sixty-three, whichever occurs first, in substantially
the form hereinafter set forth; and upon receipt by the selectmen
of any town of a recommendation that a regional school district be
established and of a proposed agreement therefor submitted in accordance
with the provisions of sections one to three of this act, said selectmen
shall cause to be presented for determination by vote, with printed
ballots at an annual or a special town meeting called for the purpose
the question of accepting the provisions of this act, which question
shall be in substantially the following form: — "Shall the city
(town) accept the provisions of an act passed by the General Court
in the year nineteen hundred and sixty-two, providing for the establishment
of a regional school district by the cities (such cities as may be
recommended under section three of this act) and the towns (such towns
as may be recommended under section three of this act) and the construction,
maintenance and operation of a regional vocational school by the said
district in accordance with the provisions of a proposed agreement
filed with the city councils of said cities and the selectmen of said
towns?" If a majority of the voters present and voting in at least
two of said cities and a majority of the voters present and voting
in at least two of said towns shall vote in the affirmative, this
act shall become fully effective, and the proposed regional vocational
school district comprising the cities and towns which accepted this
act as herein provided, shall be deemed to be established forthwith
in accordance with the terms of the agreement so adopted.
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SECTION 6. The regional school district established under the
provisions of section five shall be a body politic and corporate with
all the powers and duties conferred by law upon school committees,
and with the following additional powers and duties: —
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(a) To adopt a name and a corporate seal, and the
engraved or printed facscimile of such seal on a bond or note of the
district shall have the same validity and effect as though such seal
were impressed thereon.
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(b) To sue and be sued, but only to the same extent
and upon the same conditions that a city or town may sue or be sued.
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(c) To acquire property within the municipalities
comprising the district under the provisions of chapter seventy-nine
and section fourteen of chapter forty of the General Laws, for the
purposes of the district, and to construct, reconstruct, add to, remodel,
make extraordinary repairs to, equip, organize and operate a vocational
school for the benefit of the municipalities comprising the district,
and to make any necessary contracts in relation thereto.
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(d) To incur debt for the purpose of acquiring land
and constructing, reconstructing, adding to, and equipping a school
building or buildings for a term not exceeding twenty years or for
the purpose of remodeling and making extraordinary repairs to a school
building or buildings for a term not exceeding ten years; provided,
however, that any indebtedness so incurred shall not exceed an amount
approved by the emergency finance board; and provided, further that
written notice of the amount of the debt and of the general purposes
for which it was authorized shall be given to the city council of
each member city and to the board of selectmen of each member town
comprising the district not later than seven days after the date on
which said debt was authorized by the district committee; and no debt
may be incurred until the expiration of thirty days from the date
said debt was authorized by the district committee. If prior to the
expiration of said period, the city council of any member city expresses
disapproval of the amount authorized by the district committee, or
any member town expresses such disapproval by vote of a majority of
the voters present and voting on the matter at a town meeting called
for the purpose of expressing such disapproval, the said debt shall
not be incurred and the district school committee shall prepare another
proposal which may be the same as any prior proposal and an authorization
to incur debt therefor.
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(e) To issue bonds and notes in the name and upon
the full faith and credit of said districts; said bonds or notes shall
be signed by the chairman and treasurer of the district committee,
except that said chairman by a writing bearing his written signature
and filed in the office of said treasurer, which writing shall be
open to public inspection, may authorize said treasurer to cause to
be engraved or printed on said bonds or notes a facsimile of said
chairman's signature, and such facsimile so engraved cr printed shall
have the same validity and effect as said chairman's written signature,
and each issue of bonds or notes shall be a separate loan.
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(f) To receive and disburse funds for any district
purpose.
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(g) To incur temporary debt in anticipation of revenue
to be received from member municipalities.
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(h) To assess member municipalities for any expenses
of the district.
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(i) To receive any grants or gifts for the purposes
of the regional district school.
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(j) To engage legal counsel
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(k) To submit an annual report to each of the member
municipalities, containing a detailed financial statement, and a statement
showing the method by which the annual charges assessed against each
municipality were computed, together with such additional information
relating to the operation and. maintenance of such school as may be
deemed necessary by the district school committee or by the city council
of any member city or by the selectmen of any member town.
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(l) To employ an administrator who meets the qualifications
for a director of a state aided vocational school as established by
the division of vocational education of the department of education,
and said administrator shall have all the powers and duties imposed
upon school superintendents by law.
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(m) To adopt an annual operating and maintenance
budget, not later than December first.
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SECTION 7. The powers, duties and liabilities of the regional
school district shall be vested in and exercised" by a regional district
school committee organized in accordance with the agreement. The committee
shall choose a chairman by ballot from its membership. It shall appoint
a secretary and a treasurer who may be the same person, but who need
not be members of said committee. The treasurer shall receive and
take charge of all money belonging to the district and shall-pay any
bill of the district which shall have been approved by the committee.
The treasurer and secretary may, by vote of said committee, be compensated
for their services. The treasurer of said district shall be subject
to the provisions of sections thirty-five, fifty-two and one hundred
and nine A of chapter forty-one of the General Laws to the extent
applicable.
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SECTION 8. The regional district school committee shall annually
determine the amounts necessary to be raised to maintain and operate
the district school during the ensuing calendar year, and the amounts
required for payment of debt and interest incurred by the district
which will be due in the said year, and shall apportion the amount
so determined among the several municipalities in accordance with
the terms of the agreement. The amounts so apportioned for each municipality
shall, prior to December thirty-first in each year, be certified by
the regional district treasurer to the treasurers of the several municipalities.
Each municipality shall appropriate the amounts so certified, and
in case any such municipality fails to pay over to the treasurer of
said district the amount of its apportionment within the time specified
in said agreement for such payment, the district school committee
shall invoke the provisions of section thirty-four of chapter seventy-one
of the General Laws. The city or town treasurer, as the case may be
shall pay the amount so appropriated or any amount ordered to be raised
by court decree to said district at the time or times specified in
the agreement.
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SECTION 9. The regional vocational school district shall be
subject to all laws pertaining to school transportation; and when
the agreement provides for the furnishing of transportation by the
regional school district, the commonwealth shall reimburse such district
to the full extent of the amounts expended for such transportation,
except that no such reimbursement shall be made for transportation
of any pupil who resides less than one and one half miles, measured
by a commonly traveled route, from the district school which he attends.
The state treasurer shall annually, on or before November twentieth,
pay to the regional school district from the proceeds of the tax on
incomes, which shall be available therefor, subject to appropriation,
the sums required for such reimbursement and approved by the commissioner
of education. There shall be allocated from the proceeds of the tax
on incomes such sums as said commissioner shall certify as necessary
for the payment of such reimbursement.
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SECTION 10. Each municipality comprising the regional vocational
school district shall continue to receive state aid for educational
purposes in the amount to which it would be entitled if such district
had not been formed; and such regional school district shall be entitled
to receive state aid for construction of regional schools. The state
treasurer in making annual payments to the several municipalities
of the amounts required under chapter seventy of the General Laws
shall pay to each municipality comprising the regional school district
an additional amount equal to fifteen per cent of the amount to which
such municipality would be entitled if such regional school district
had not been formed. No payment shall be made under section three
B of chapter seventy of the General Laws to any such municipality
prior to the date of award of a contract for the construction of a
regional school by the regional district school committee.
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SECTION 11. The director of accounts in the department of corporations
and taxation shall annually cause an audit to be made of the accounts
of the regional district school committee, and for this purpose he,
and his duly accredited agents, shall have access to all necessary
papers, books and records. Upon the completion of each audit, a report
thereon shall be made to the chairman of the district committee, and
a copy thereof shall be sent to the mayor of each city and to the
chairman of the board of selectmen of each town and the chairman of
the school committee of each municipality which is a member of the
district. The director shall apportion the cost among the several
municipalities which are members of the district on the basis provided
by section three of this act, and submit the amounts of each apportionment
to the state treasurer, who shall issue his warrant requiring the
assessors of the municipalities which are members of the district
to assess a tax to the amount of the expense, and such amounts shall
be collected and paid to the state treasurer as provided by section
twenty of chapter fifty-nine of the General Laws.
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SECTION 12. The regional school district shall maintain a contributory
retirement system for non-teaching employees of the district, subject
in all respects to the applicable provisions of chapter thirty-two
of the General Laws.
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SECTION 13. No municipality in the regional school district
shall be liable for any obligation imposed on any other municipality
in said district by authority of this act, or of any agreement thereunder,
any other provision of law to the contrary notwithstanding.
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SECTION 14. The members of the aforesaid emergency finance board
when acting under this act shall receive from the commonwealth compensation
to the same extent as provided under chapter three hundred and sixty-six
of the acts of nineteen hundred and thirty-three, as amended, including
chapter seventy-four of the acts of nineteen hundred and forty-five.
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SECTION 15. The provisions of sections sixteen to twenty-eight,
inclusive, of chapter forty-four of the General Laws shall, so far
as pertinent, apply to the regional vocational school district, but
the provisions of said section sixteen relating to the countersigning
of bonds and notes and the provisions of section twenty-four of said
chapter forty-four relating to the countersigning and approval of
notes and the certificates of the clerk relating thereto shall not
apply to said district.
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SECTION 16. If any provisions of this act, or the application
of such provision to any person or circumstances, shall be held invalid,
the remainder of said act and the application of such provisions to
persons or circumstances other than those as to which it is held invalid,
shall not be affected thereby.
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Approved July 21, 1962.
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AN ACT RELATIVE TO THE LAW AUTHORIZING THE FORMATION
OF A REGIONAL VOCATIONAL SCHOOL DISTRICT BY THE CITIES OF CHELSEA,
MALDEN, MELROSE, REVERE AND WOBURN, AND THE TOWNS OF NORTH READING,
READING, SAUGUS, STONEHAM, WAKEFIELD AND WINCHESTER, AND AUTHORIZING
THE INCLUSION OF THE TOWN OF WINTHROP IN SAID DISTRICT.
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Be it enacted, etc., as follows:
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SECTION 1. Chapter 703 of the acts of 1962 is
hereby amended by striking out section 1 and inserting in place thereof
the following section: — Section 1. The cities of Chelsea, Maiden,
Melrose, Revere and Woburn, and the towns of North Reading, Reading,
Saugus, Stoneham, Wakefield, Winchester and Winthrop, or any one or
more of these cities, or any one or more of these towns, or any combination
thereof, by vote of their respective city councils or vote in town
meeting, may create a special unpaid board to be known as a regional
vocational school district planning board, to consist of one member
of the school committee and two members at large to be appointed by
the city council of each of said cities so voting, and one member
of the school committee and two members at large to be appointed by
the moderator of each of said towns so voting; provided that membership
on the regional vocational school district planning board of the town
of Winthrop is hereby authorized without a vote of said town. The
city council of each city and the moderator of each town shall have
the power to fill any vacancy in the regional vocational school district
planning board of said city or town. Each of said cities and each
of said towns may appropriate for the expense of said board such sum
or sums, not exceeding one tenth of one per cent of the assessed valuation
of such municipality in the preceding year, as it may deem necessary.
Said board shall organize forthwith upon its appointment by the election
of a chairman and secretary-treasurer. A quorum of the regional vocational
school district planning board shall consist of not less than one
representative from two-thirds of the participating cities or towns.
Less than a quorum may adjourn any meeting to a given time and place.
References herein to "regional school district'' shall mean " regional
vocational school district''. References herein to "regional district
planning board" shall mean "regional vocational school district planning
board".
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SECTION 2. Said chapter 703 is hereby further
amended by striking out section 2 and inserting in place thereof the
following section: — Section 2. It shall be the duty of the
regional vocational school district planning board to study the advisability
of establishing a regional school district, its organization, operation
and control, and of constructing, maintaining and operating a vocational-technical
school to serve the needs of such district; to estimate the construction
and operating costs thereof; to investigate the methods of financing
such vocational-technical school, and any other matters pertaining
to the organization and operating of a regional school district; and
to submit a report of its findings and recommendations to the city
council of each of said cities and, at the same time or at a later
time or times, to the selectmen of each of said towns:
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The regional vocational school district planning
board shall have the right to request of each city or town the appropriation
of funds, in accordance with the provisions of section one, in such
proportion as to the said regional vocational school district planning
board shall seem equitable.
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SECTION 3. Section 3 of said chapter 703 is
hereby amended by striking out the first sentence and inserting in
place thereof the following sentence: — The said regional district
planning board may recommend that there shall be established a regional
vocational school district to be known as Northeast Metropolitan Regional
Vocational School District which may include all the municipalities
represented by its membership, or any specified combination of such
municipalities including at least two cities and at least two towns.
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SECTION 4. Said chapter 703 is hereby further amended by striking
out section 5 and inserting in place thereof the following section:
Section 5. Upon receipt by any city council of a recommendation that
a regional school district be established, and of a proposed agreement
therefor submitted in accordance with the provisions of sections one
to three, inclusive, of this act, said city council shall direct the
city clerk to cause the question of accepting the provisions of this
act to be placed on the ballot to be used at the next state election
or at the next regular city elections, whichever occurs first, in
substantially the form hereinafter set forth; and not more than sixty
days after receipt by the selectmen of any town of a recommendation
that a regional school district be established and of a proposed agreement
therefor submitted in accordance with the provisions of sections one
to three of this act, said selectmen shall cause to be presented for
determination by vote, with printed ballots at an annual town meeting
or a special town meeting called for the purpose, the question of
accepting the provisions of this act, which question shall be in substantially
the following form: — "Shall the city (town) accept the provisions
of an act passed by the General Court in the year nineteen hundred
and sixty-two, as amended by an act passed by the General Court in
the year nineteen hundred and sixty-three, providing for the establishment
of a regional school district by the cities of (such cities as may
be recommended under section three of this act) and the towns of (such
towns as may be recommended under section three of this act) and the
construction, maintenance and operation of a regional vocational school
by the said district in accordance with the provisions of a proposed
agreement filed with the city councils of said cities and the selectmen
of said towns?" If a majority of the voters present and voting in
at least two of said cities and a majority of the voters present and
voting in at least two of said towns shall vote in the affirmative,
this act shall become fully effective, and the proposed regional vocational
school district comprising the cities and towns which accepted this
act as herein provided, shall be deemed to be established forthwith
in accordance with the terms of the agreement so adopted.
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SECTION 5. This act shall take effect upon its passage.
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Approved August 27, 1963.
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AN ACT REMOVING THE OFFICE OF SUPERINTENDENT
OF PUBLIC WORKS OF THE TOWN OF NORTH READING FROM THE CIVIL SERVICE
LAWS AND RULES.
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Be it enacted, etc., as follows:
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SECTION 1. On the effective date of this act
the office of superintendent of public works of the town of North
Reading shall no longer be subject to chapter thirty-one of the General
Laws.
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SECTION 2. This act shall be submitted for acceptance
to the voters of the town of North Reading at the annual town meeting
in the current year in the form of the following question, which shall
be placed upon the official ballot to be used for the election of
town officers at said meeting:—"Shall an act passed by the General
Court in the year nineteen hundred and sixty-five, entitled 'An Act
removing the office of superintendent of public works of the town
of North Reading from the civil service laws and rules', be accepted?"
If a majority of the votes in answer to said question is in the affirmative,
then this act shall thereupon take full effect, but not otherwise.
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Approved March 3, 1965.
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AN ACT ESTABLISHING THE ESSEX COUNTY, CITY OF
REVERE AND TOWNS OF WINTHROP AND NORTH READING MOSQUITO CONTROL PROJECT.
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Be it enacted, etc., as follows:
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SECTION 1. Section 1 of chapter 516 of the acts
of 1958 is hereby amended by striking out the first paragraph, as
amended by section 1 of chapter 638 of the acts of 1965, and inserting
in place thereof the following paragraph: -
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The area in Essex county not including any city
or town already a member of an organized mosquito control project,
the city of Revere and the towns of Winthrop and North Reading are
hereby constituted a mosquito control project under section five A
of chapter two hundred and fifty-two of the General Laws, to the same
extent as if so constituted by the state reclamation board acting
under said section five A and the improvements herein authorized shall
be undertaken under the identifying name of the Essex County, City
of Revere and Towns of Winthrop and North Reading Mosquito Control
Project.
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SECTION 2. Said chapter 516 of the acts of 1958
is hereby further amended by striking out section 2, as amended by
section 2 of said chapter 638, and inserting in place thereof the
following section: -
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Section 2. The funds appropriated and deposited
as aforesaid shall be expended by the Essex County, City of Revere
and Towns of Winthrop and North Reading Mosquito Control Project for
the investigation of mosquito control works, and the construction
and maintenance thereof, in said county, city and towns under the
direction and supervision of the state reclamation board in accordance
with such known methods as in its opinion will effect the greatest
measure of relief.
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Approved April 4, 1967.
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AN ACT validating the acts and proceedings at
the Annual Town Meeting of the Town of North Reading held in the year
nineteen hundred and seventy.
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Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same, as follows:
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SECTION 1. The acts and proceedings of the town
of North Reading at the annual town meeting held on March the seventh,
nineteen hundred and seventy, and at the adjourned sessions held on
March the ninth, the sixteenth, the twenty-third and the thirtieth
and April the sixth, nineteen hundred and seventy, and all acts done
in pursuance thereof, are hereby in all respects ratified, validated
and confirmed to the same extent as though the warrant for said meeting
and the attested copies thereof which were posted in five public places
had not been incorrect as to the date for holding the election of
town officers, all other notices and advertisements of said meeting
having been correct and in accordance with law.
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SECTION 2. This act shall take effect upon its
passage.
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House of Representatives August 17, 1970
In Senate, August 17, 1970
Approved August 21, 1970
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AN ACT AUTHORIZING THE TOWN OF NORTH READING
TO ACQUIRE LAND IN THE TOWN OF ANDOVER TO PROTECT ITS PUBLIC WATER
SYSTEM.
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Be it enacted, etc, as follows:
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SECTION 1. For the purpose of protecting its
public water system, the town of North Reading is hereby authorized
to take by eminent domain or acquire by purchase, gift or otherwise,
to lease or contract for the use of the following described parcels
of land situated in the town of Andover and shown on a Plan of Land
dated September 7, 1971 drawn by Robert E. Anderson Inc., as Parcels
11 and 12, located in the office of the department of public works
in said town.
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Parcel 11 consists of the land located and adjacent
to the Andover-Wilmington-North Reading town boundaries in the town
of Andover and is bounded and described as follows: --
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Northerly by land now or formerly of Ernest
Sciarappa; Easterly by land now or formerly of Michael Benevento;
Westerly by the Andover-Wilmington, Mass. Town line; said parcel containing
27,508+/- square feet and believed to be owned by Ernest Sciarappa.
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Parcel 12 consists of land located adjacent
to state highway route 125 in the town of Andover and is bounded and
described as follows: --
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Northerly by land now or formerly of Michael
Benevento; Easterly by Route 125; Southerly by land of owner unknown;
Westerly by land now or formerly of Ernest Sciarappa; said parcel
containing 116,914+/- square feet and believed to be owned by Michael
Benevento.
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SECTION 2. For the purposes provided for in
section one, the town of North Reading may appropriate by transfer
from the water surplus fund the sum of fifteen hundred dollars.
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Approved June 4, 1974
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AN ACT PROVIDING FOR CIVIL SERVICE STATUS FOR
CERTAIN FIRE FIGHTERS IN THE FIRE DEPARTMENT OF THE TOWN OF NORTH
READING.
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Be it enacted, etc., as follows:
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Notwithstanding the provisions of any general
or special law to the contrary, Richard F. Nash, Francis P. Driscoll
and Steven E. Pepper, incumbents in the position of fire fighters
of the fire department of the town of North Reading, shall be subject
to the provisions of chapter thirty-one of the General Laws, provided
that each of such incumbents shall pass a qualifying examination to
which they shall be subjected by the director of civil service. Each
incumbent who passes said examination shall be certified for such
position and shall be deemed to be permanently appointed thereto subject
to serving a probationary period from the date of such appointment.
Each incumbent who fails to pass said examination may continue to
serve in such position, but shall not otherwise be subject to the
provisions of said chapter thirty-one.
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Approved April 7, 1975.
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AN ACT AUTHORIZING THE TOWN OF NORTH READING
TO GRANT TO NEW ENGLAND POWER COMPANY CERTAIN EASEMENTS OVER, ACROSS
AND UPON
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CERTAIN PARK LAND IN SAID TOWN FOR THE TRANSMISSION
OF ELECTRIC POWER.
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Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same, as follows:
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The town of North Reading is hereby authorized
to grant to New England Power Company, an electric company organized
and existing under the laws of the commonwealth, an easement for the
construction, maintenance and operation of towers, poles and wires
for the transmission of electricity over, across and upon the two
following described parcels of land in the town of North Reading held
by it for conservation purposes and land held by it for sanitary land
fill purposes:
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Parcel 1. A strip of land 250 feet in width
which was taken by the Town of North Reading for conservation purposes
and sanitary land fill purposes under an instrument of taking dated
December twelfth, nineteen hundred and sixty-eight, and recorded with
the southern district registry of deeds in Middlesex county in Book
11626, Page 364. Said strip to commence at land now or formerly of
Gary E. Slade and land now or formerly of Alvin W. Scott and extend
to other land of the Town of North Reading and land now or formerly
of Daniel J. and Josephine M. Doherty, crossing the intervening Ipswich
River and is located as is shown on a plan entitled: "Plan of Land
in North Reading, Mass. Scale 100 feet to an inch - July 8, 1968 Robert
E. Anderson Inc. Reg. Professional Engineers Reg. Land Surveyors,
178 Park Street, North Reading, Mass.," recorded with said southern
district registry of deeds at the end of Book 11646.
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Parcel 2. A more or less triangular shaped parcel
of land which contains 2800 square feet of land, more or less, and
is bounded and described as follows:
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Beginning at a point at land of the Town of
Reading on the Reading-North Reading Town line;
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thence running in a general westerly direction
by said land of the Town of Reading by said Reading-North Reading
Town line, 120 feet, more or less, to a point at other land of the
Town of North Reading;
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thence turning and running in a general northerly
direction by said other land of the Town of North Reading, 140 feet,
more or less, to a point at other land of the Town of North Reading
held by it for conservation purposes;
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thence turning and running in a general southeasterly
direction by said other land of the Town of North Reading held by
it for conservation purposes, 146 feet, more or less, to the point
of beginning.
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The deed granting said easements shall be in
such form and on such terms as the selectmen of said town may approve
and deem proper.
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House of Representatives, June 7, 1976
In Senate, June 8, 1976
Approved June 18, 1976
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AN ACT VALIDATING AND CONFIRMING THE PROCEEDINGS
AT AN ANNUAL TOWN MEETING OF THE TOWN OF NORTH READING IN THE YEAR
NINETEEN HUNDRED AND EIGHTY-ONE.
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Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same, as follows:
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SECTION 1. All actions taken by the town of
North Reading at its annual town meetings held October fifth, eighth
and fifteenth, nineteen hundred and eighty-one, and all actions subsequently
taken pursuant thereto are hereby validated and confirmed notwithstanding
that the warrant for the said annual town meeting was not posted in
the manner required by law.
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SECTION 2. This act shall take effect upon its
passage.
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House of Representatives, November 16, 1981
In Senate, November 16, 198
Approved November 19, 1981
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AN ACT AUTHORIZING THE TOWN OF NORTH READING TO CONVEY CERTAIN
PARCELS OF LAND.
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Be it enacted, etc., as follows:
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SECTION 1. The town of North Reading is hereby
authorized to convey to EMJAY Realty Trust for private commercial
use two parcels of park land now under the care and control of the
recreation committee of said town, being bounded and described as
follows:-
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PARCEL 1 Beginning at a point which is 213.57
feet, S 53° 17' 50" W from the Northeastern property corner of
Moynihans North Reading Lumber Company, Inc. and the Southerly Sideline
of Chestnut Street. The line runs S 53° 17' 50" W, a distance
of 155.33 feet along property of the Town of North Reading, thence
turning the line runs N 15° 14' 00" E along property of Moynihan
North Reading Lumber Company, Inc., a distance of 21.46 feet, thence
turning the line runs S 58° 45' 20" W along property of Moynihan
North Reading Lumber Company, Inc. a distance of 139.07 feet to the
point of beginning said Parcel, as described above, containing 1028
square feet being a portion of Parcel 61, Map 36.
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PARCEL 2 Beginning at the most southerly property corner of
Moynihan North Reading Lumber Company, Inc., the line runs S 25°
09' 00" E along property of the Town of North Reading, a distance
of 252.77 feet, thence turning the line runs N 66° 32' 08" E along
property of the Town of North Reading, a distance of 601.02 feet,
thence turning the line runs along property of Moynihan North Reading
Lumber Company, Inc., a distance of 587.71 feet to the point of beginning.
Said parcel containing 2.04 acres being a portion of Parcel 61, Map
36, in consideration of the conveyance to the Town by Moynihan North
Reading Lumber Company, Inc., of approximately 3037 square feet of
land being shown as:
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Said conveyance shall be in consideration of the sum of twenty-five
thousand dollars and upon conveyance to the town by EMJAY Realty Trust
a parcel of land being bounded and described as follows:-
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Beginning at a point which is 368.90 feet S 53° 17' 50"
W from the Northeasterly property corner of Moynihan North Reading
Lumbar(sic) Company, Inc., on the Southerly sideline of Chestnut Street,
the line runs S 15° 14' 00" W along property of the Town of North
Reading a distance of 53.54 feet, thence turning the line runs S 81°
24' 00" W along property of the Town of North Reading a distance of
64.00 feet, thence turning the line runs N 62° 30' 00" W along
property of the Town of North Reading a distance of 32.66 feet, thence
turning the line runs N 66° 32' 08" E along property of Moynihan
North Reading Lumber Company, Inc., a distance of 115.90 feet to the
point of beginning. Said parcel containing 3,037 square feet, being
a portion of Parcel 42, Map 36.
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SECTION 2. The town of North Reading is hereby
authorized to convey to Remo Scarfo and Joyce M. Scarfo for private
residential use in consideration of the sum of two thousand dollars
a parcel of park land being bounded and described as follows:-
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beginning at a drill hole on the southerly sideline of Chestnut
Street, being the northwesterly property corner of land, now or formerly
of Scarfo, the line runs N 47° 43' 00" W along the southerly sideline
of Chestnut Street a distance of 50.00 feet, thence turning the line
runs S 4° 05' 17" W along property of the Town of North Reading
and along a stonewall, a distance of 179.87 feet to a drill hole in
said stonewall, thence turning the line runs N 18° 52' 00" E along
property, now or formerly of Scarfo, a distance of 154.05 feet to
the drill hole in the stonewall and the point of beginning, said parcel,
as described above, containing 3,534 square feet and being a portion
of parcel 61, Map 36.
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SECTION 3. This act shall take effect upon its
passage.
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Approved April 1, 1985.
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AN ACT RELATIVE TO A CERTAIN EASEMENT IN THE OWNS OF MIDDLETON,
NORTH ANDOVER AND NORTH READING.
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Be it enacted, etc., as follows:
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SECTION 1. The deputy commissioner of the division
of capital planning and operations is hereby authorized, subject to
the provisions of sections forty E to forty J, inclusive, of chapter
seven of the General Laws, to convey by deed, approved as to form
by the attorney general, a certain flowage easement in the Harold
Parker State Forest located in the towns of Middleton, North Andover
and North Reading, to the town of Danvers, subject to the requirements
of sections two and three and to such additional terms and conditions
as the deputy commissioner may prescribe, in consultation with the
department of environmental management. Said easement is shown on
a plan entitled "Flowage Plan of Land in Harold Parker State Forest"
dated Sept. 18, 1987, drawn by Whitman & Howard Inc. which is
on file in the office of town engineer in the town of Middleton.
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SECTION 2. No deed conveying by or on behalf
of the commonwealth the property described in section one shall be
valid unless such deed provides that said easement be used in conjunction
with the construction and operation of a public water supply reservoir
located in. the towns of Middleton, North Andover and North Reading
the right of flow waters to be impounded by the said reservoir to
elevation ninety-six feet NVD-1929 Datum on land of the Harold Parker
state forest in said towns and to do shoreline protection work above
that elevation as necessary.
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SECTION 3. The town of Danvers shall assume
the costs of any appraisals, surveys and other expenses as deemed
necessary by the deputy commissioner of the division of capital planning
and operations for the conveyance of this easement.
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Approved January 6, 1988.
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AN ACT AUTHORIZING THE TOWN OF NORTH READING TO REIMBURSE CERTAIN
REAL ESTATE TAXES.
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Be it enacted, etc., as follows:
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SECTION 1. Notwithstanding the provisions of
any general or special law to the contrary, the town of North Reading
is hereby authorized to appropriate for the payment of and after such
appropriation the treasurer of said town is authorized to pay to Norbett
Evora and Phyllis Evora the sum of four hundred and ten dollars and
forty cents, such sum being reimbursement for real estate taxes paid
in error for fiscal years nineteen hundred and eighty-three through
nineteen hundred and eighty-seven inclusive.
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SECTION 2. This act shall take effect upon its
passage.
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Approved January 12, 1988.
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AN ACT RELATIVE TO THE ELECTION OF REGIONAL
DISTRICT SCHOOL COMMITTEES.
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Whereas, The deferred operation
of this act would tend to defeat its purpose, which is to immediately
provide for the election of regional district school committees, therefore
it is hereby declared to be an emergency law, necessary for the immediate
preservation of the public convenience.
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Be it enacted, etc., as follows:
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SECTION 1. Section 1 of chapter 50 of the General
Laws, as appearing in the 1986 Official Edition, is hereby amended
by inserting after the word "officer," in line 101, the words:- or
a regional district school committee member elected district-wide.
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SECTION 2. Section 2 of chapter 53 of the General
Laws, as so appearing, is hereby amended by inserting after the word
"provides," in lines 2 and 3, the words:- and in the case of nominations
to regional district school committees elected district-wide.
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SECTION 3. Section 6 of said chapter 53, as
so appearing, is hereby amended by striking out the fourth sentence
and inserting in place thereof the following sentence:- Nominations
of candidates for offices to be filled at a city or town election,
except where city charters or general or special laws provide otherwise
and nominations of candidates for the office of regional district
school committee members elected district-wide, may be made by like
nomination papers, signed in the aggregate by not less than such number
of voters as will equal one per cent of the entire vote cast for governor
at the preceding biennial state election in the electoral district
or division for which the officers are to be elected, but in no event
by less than twenty voters in the case of an office to be filled at
a town election or election to a regional district school committee
elected district-wide; provided, however, that no more than fifty
signatures of voters shall be required on nomination papers for such
town office or regional district school committee elected district-wide.
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SECTION 4. Section 8 of said chapter 53, as
so appearing, is hereby amended by inserting after the word "elections,"
in line 5, the words:- and elections for the office of regional school
committee member elected district-wide.
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SECTION 5. Said section 8 of said chapter 53,
as so appearing, is hereby further amended by inserting after the
words "town offices," in line 37, the words:- and the office of regional
district school committee member elected district-wide.
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SECTION 6. Said chapter 53 is hereby further
amended by adding the following section:-
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Section 122. The following provisions shall
apply to regional school district-wide elections:
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(a) Any person who is
a resident of a member community and is a registered voter in the
community in which he resides shall be entitled to have his name printed
on the ballot to be used in the district-wide election if he shall
file with the district Clerk nomination papers signed by the number
of voters as provided in section six who are registered and qualified
to vote in the regional school district in which he resides.
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(b) The state secretary
shall supply candidates with a certificate of nomination and nomination
papers through the district Clerk.
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(c) Other provisions
of this chapter and chapters fifty-four and fifty-six relative to
state elections shall apply to regional school district elections.
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(d) Every nomination
paper of a candidate shall be submitted to the registrars of the city
or town where the signers appear to be voters on or before five o'clock
post meridian of the twenty-eighth day preceding the day on which
it must be filed with the district Clerk. Nomination papers shall
be filed by the candidate with the district Clerk on or before the
eleventh Tuesday preceding the day of election. The district Clerk
shall certify a correct list of candidates to the state secretary
on or before the tenth Tuesday preceding the day of election. If the
state secretary does not receive said certified list of candidates,
on or before said date, the names of candidates for the regional district
school committee shall not be printed on the ballot. The district
Clerk shall receive the election results from the city and town clerks,
tabulate the results and certify the winners.
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SECTION 7. Section 42 of chapter 54 of the General
Laws, as so appearing, is hereby amended by inserting after the second
paragraph the following paragraph:-
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The names and addresses of the candidates for
regional district school committees elected district-wide at state
elections who are elected incumbents shall be placed first on the
ballot in alphabetical order according to their surnames; and the
names and addresses of all other such candidates shall follow in like
order. No political or other designation shall appear on the ballot.
There shall be printed such directions as shall instruct the voter
to vote for the appropriate number of candidates from each community.
If the state secretary cannot accommodate all the names on the ballot
in a particular community, he may in his discretion print a separate
paper ballot for candidates for regional district school committees.
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SECTION 8. Said chapter 54 is hereby further
amended by adding the following section:
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Section 162. At the biennial state elections,
members of regional district school committees elected at district-wide
elections shall be chosen by the voters in each such district. The
length of such terms of office shall be determined by the regional
school districts; provided, however, that such terms shall not exceed
four years.
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SECTION 9. Section 24 of chapter 55 of the General
Laws, as appearing in the 1986 Official Edition, is hereby amended
by inserting after the word "involved," in line 5, the words:- and
if the statement required to be filed by a candidate, treasurer or
other person relates to a nomination or election for the office of
regional district school committee member elected district-wide, the
statement shall be filed with the Clerk of the city or town where
the candidate is a registered voter.
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SECTION 10. Chapter 71 of the General Laws is
hereby amended by inserting after section 14D the following section:-
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Section 14E. A regional school district may,
by amendment to its regional school district agreement, provide for
one of the following options concerning the members of its regional
district school committee: (1) electing committee members by voters
in member communities with each community's representation apportioned
according to population; (2) electing members in district-wide elections
to be held at the biennial state elections; (3) electing members with
residency requirements in district-wide elections to be held at the
biennial state elections; (4) weighing the votes of committee members
according to the population they represent; and (5) appointing committee
members by locally elected officials such as school board members.
Each regional school district shall designate an individual to serve
as district Clerk.
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If a regional school district decides to elect
members in district-wide elections to be held at the biennial state
elections or if any vacancy is to be so filled, the district Clerk
shall notify the state secretary by April fifteenth of the year of
the biennial state election of that fact and also of his name and
mailing address.
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SECTION 11. Section 1 of chapter 268B of the
General Laws, as appearing in the 1986 Official Edition, is hereby
amended by inserting after the word "congress," in line 131, the words:-
and the office of regional district school committee member elected
district-wide.
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SECTION 12. The commonwealth shall, subject
to appropriation, reimburse the towns of East Bridgewater, Easton,
Foxborough, Mansfield, Norton, Sharon, Stoughton, and West Bridgewater
for the additional costs incurred as a result of the regional district
election held in November, nineteen hundred and eighty-seven.
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Approved March 29, 1988
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AN ACT RELATING TO THE ISSUE OF CERTAIN BONDS
BY THE TOWN OF NORTH READING.
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Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same, as follows:
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SECTION 1. Any indebtedness incurred by the
town of North Reading for acquiring the Hillview Country Club and
for purchasing necessary equipment and furnishings therefor, including
but not limited to the four million seven hundred thousand dollars
gold [sic] course acquisition bonds approved under Article 1 of the
warrant for the January nineteenth, nineteen hundred and eighty-eight
special town meeting and the one hundred thousand dollars golf course
equipment bonds approved under Article 2 of said warrant, shall be
subject to the applicable provisions of chapter forty-four of the
General Laws; provided, however, that the maturities of bonds or notes
issued for these purposes shall be arranged so that for each issue
the combined payments of principal and interest shall be as nearly
equal as practicable in the opinion of the town treasurer, or shall
be arranged in accordance with a schedule providing for a more rapid
amortization of principal.
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SECTION 2. This act shall take effect upon its
passage.
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House of Representatives, May 3, 1988
In Senate, May 3, 1988
Approved May 10, 1988
|
AN ACT ESTABLISHING A SPECIAL ACCOUNT FOR THE
HILLVIEW FACILITY IN THE TOWN OF NORTH READING.
|
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same, as follows:
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SECTION 1. Notwithstanding the provisions of
section fifty-three of chapter forty-four of the General Laws or any
other provision of law to the contrary, the town of North Reading
is hereby authorized to establish a special account to be known as
the Hillview Special Account into which account shall be deposited
all receipts, revenues and funds from any source derived from any
activity of the Hillview facility formerly known as the Hillview Country
Club. For the purpose of acquiring, operating, maintaining and improving
the facility, said town, may, at any time during the fiscal year appropriate
monies into said account. Donations from private sources also may
be received and placed into said account, as well as monies from other
sources authorized by law.
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SECTION 2. Said account shall be maintained
by the town treasurer of said town. Said treasurer may invest the
monies in said account in the manner authorized by sections fifty-five
and fifty-five A of chapter forty-four of the General Laws. The interest
accruing upon said Account shall inure solely to the benefit of the
Hillview facility. The books and records of the facility pertaining
to said Account shall be maintained in accordance with generally accepted
principles of accounting. Said Account shall be audited annually by
an independent certified public account. Such audit reports shall
be submitted to the Hillview commission, the board of selectmen and
the town administrators of said town.
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SECTION 3. The town treasurer of said town,
upon written request of the Hillview commission with the approval
of the board of selectmen of said town, may advance funds from the
general fund of the town, in anticipation of the receipt of revenues
of the Hillview facility for the same fiscal year. Such advances outstanding
at one time in any fiscal year shall not exceed twenty-five percent
of the annual expenses of the current fiscal year as certified by
said commission unless a larger amount shall be approved by said board
of selectmen. All sums so advanced shall be deposited into said account
established under section one and said facility shall, prior to the
end of the fiscal year in which advances were made from the general
fund, repay said advances from said Account. Said repayment shall
include an amount equal to the interest as determined by the town
treasurer of said town, allocable to any debt incurred by said town
in anticipation of revenue, in order to make such advances to said
facility during the same fiscal year.
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SECTION 4. The Hillview commission shall file
with the board of selectmen, the town administrator, the town treasurer
and the bureau of accounts a written report of the special account
established under the provisions of section one within one hundred
and twenty days after the books are closed for the fiscal year. Such
report shall include financial statements relating to the operations,
maintenance, capital and real and personal properties of the Hillview
facility.
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SECTION 5. This act shall take effect upon its
passage.
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SECTION 6. This act shall become inoperative
on July first, nineteen hundred and eighty-nine.
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House of Representatives, May 3, 1988
In Senate, May 3, 1988
Approved May 10, 1988
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AN ACT PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF
RENT REGULATIONS AND THE CONTROL OF EVICTIONS IN MOBILE HOME PARK
ACCOMMODATIONS IN THE TOWN OF NORTH READING.
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Be it enacted, etc., as follows:
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SECTION 1. Declaration of Emergency.
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The general court hereby finds and declares that a serious public
emergency exists in the town of North Reading with respect to the
housing of a substantial number of the residents of said town, which
emergency has been created by the excessive, abnormally high and unwarranted
rental increases imposed by some owners of mobile home parks located
therein, and by the potential discontinuance of the use of certain
mobile home parks by certain owners of said mobile home parks; that
unless mobile home park rents and eviction of tenants and discontinuances
of the use of mobile home parks are regulated and controlled, such
emergency and the further inflationary pressures resulting therefrom
will produce serious threats to the public health, safety and general
welfare of the residents of said town, and will produce a drastic
loss of housing units, will increase homelessness, and will cause
many residents loss of their life savings, especially the elderly;
that such emergency should be met by the commonwealth immediately
and with due regard for the rights and responsibilities of the town
of North Reading.
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SECTION 2. General Powers.
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The town of North Reading may, by by-law, regulate rents for
the use or occupancy of mobile home park accommodations in said town,
establish a rent board for the purpose of regulating rents, minimum
standards for use or occupancy of mobile home park accommodations
in the town and evictions of tenants therefrom and may, by by-law,
require registration by owners of mobile home park accommodations,
under penalty of perjury, or information relating to the mobile home
park accommodations. Such rents, standards and evictions may be regulated
by the rent board so as to remove hardships or correct inequities
for both the owner and tenants of such mobile home park accommodations.
The rent board shall have all powers necessary or convenient to perform
its functions. It may make rules and regulations, require registration
by owners of mobile home park accommodations, under penalty of perjury,
of information relating to the mobile home park accommodations, sue
and be sued, compel the attendance of persons and the production of
papers and information, and issue appropriate orders which shall be
binding on both the owner and tenants of such mobile home park accommodations.
Violations of any by-law adopted pursuant to this act or any order
of the rent board shall be punishable by a fine of not more than one
thousand dollars for any one offense.
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SECTION 3. Regulating Rents.
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In regulating such rents for such mobile home park accommodations,
the rent board established under section two may make such individual
or general adjustments, either upward or downward, as may be necessary
to assure that rents for the mobile home park accommodations in said
town are established at levels which yield to owners a fair net operating
income for such units. Said town in its by-laws or said rent board
by regulations may establish further standards and rules consistent
with this act. If the maximum rent is not otherwise established, it
shall be established by the board. Any maximum rent may be subsequently
adjusted under this act.
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SECTION 4. Incorporation of Administrative Procedure Act.
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The provisions of chapter thirty A of the General Laws shall
be applicable to the rent board, established under the provisions
of section two, as if said rent board were an agency of the commonwealth,
including those provisions giving agencies the power to issue, vacate,
modify and enforce subpoenas, as well as those provisions relating
to judicial review of any agency order.
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SECTION 5. Conference of Jurisdiction.
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(a) The Woburn
district court shall have original jurisdiction, concurrently with
the superior court and the housing court departments, of all petitions
for review brought pursuant to section fourteen of chapter thirty
A of the General Laws.
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(b) The superior court and the housing court departments
shall have jurisdiction to enforce the provisions of this act, and
any by-law adopted thereunder, and may restrain violations thereof.
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SECTION 6. Defense to Summary Process for Possession.
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The town of North Reading may by by-law
regulate the evictions of tenants, and the rent board, established
under the provisions of section two, may issue orders which shall
be a defense to an action of summary process for possession and such
orders shall be reviewable pursuant to sections three and four.
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SECTION 7. Discontinuance Permits.
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(1) The provisions of this section regarding the
discontinuance of the use of part, or all of the land owned and licensed
as a mobile home park shall apply to all mobile home parks and mobile
home park accommodations.
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(2) When used in this act the term "discontinuance"
shall include any change of use or discontinuance of the use of part,
or all of the land owned and licensed as a mobile home park requiring
a two year notice pursuant to subsection eight of section thirty-two
L of chapter one hundred and forty of the General Laws. The term "discontinuance"
shall include, but is not limited to, the licensee's conversion of
the mobile home park, or part thereof, to a condominium or cooperative
corporation.
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(3) It shall be unlawful for any person to discontinue
the use of part or all of the land owned and licensed as a mobile
home park without having first obtained a discontinuance permit from
the board of selectmen subject to the provisions contained in this
act.
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(4) (a) The board of selectmen shall consider an
application for a discontinuance permit for a mobile home park accommodation
upon receipt of an application filed by the licensee or other authorized
person. The board of selectmen shall forward said application within
fourteen days to the rent control board.
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(b) The rent control board shall schedule a public
hearing within sixty-five days of receipt of the application. Notice
of the time and place of such public hearing, or the subject matter,
sufficient for identification, shall be published in a newspaper of
general circulation in the town of North Reading once in each of two
successive weeks, the first publication to be not less than fourteen
days before the date of the public hearing and by posting such notice
in a conspicuous place in town hall for a period of not less than
fourteen days before the day of said hearing. The rent control board
shall also notify all tenants living in the affected mobile home park
accommodations of the time, place and subject matter of the public
hearing. No defect in the form of any notice under this section shall
invalidate any grant or denial of a discontinuance permit unless such
defect is found to be misleading.
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(c) No vote by the board of selectmen to grant or
deny a discontinuance permit shall be taken until a report with recommendations
by the rent control board has been submitted to the board of selectmen
or twenty-one days after said hearing have elapsed without submission
of such report. After such notice, hearing and report, or after twenty-one
days shall have elapsed after such hearing without submission of such
report, the board of selectmen may vote to grant or deny the discontinuance
permit. If the board of selectmen fails to vote on the proposed discontinuance
permit within ninety days after such hearing, no action shall be taken
thereon until after subsequent public hearing is held with notice
and report as above provided.
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(d) No discontinuance permit may be granted except
by a majority vote of the board of selectmen.
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(e) Notwithstanding any other provision of this
section, the rent control board may, without holding a hearing, recommend
the denial of a discontinuance permit if a decision has been made
with regard to the discontinuance of a mobile home park accommodation
within the preceding twelve months, and if the park licensee fails,
in the new application, to allege a substantial change of circumstances
since the previous hearing which would merit the rent control board
in hearing new evidence. In addition, the rent control board may recommend
denial of the discontinuance permit without holding a hearing if the
application is not in conformance with the requirements of this section
or other applicable regulations.
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(5) In determining whether to recommend that the
board of selectmen grant or deny a discontinuance permit the rent
control board shall consider the aggravation of the shortage of safe,
decent and affordable mobile home park accommodations in the town
of North Reading, which may result from the discontinuance, especially
for tenants of low and moderate income and handicapped or elderly
persons on fixed incomes. In making such determination the rent control
board shall make findings of the following factors:
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(a) the benefits and detriments to the persons whom
this act and this section seek to protect;
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(b) the hardships imposed on the tenant residing
in the mobile home park accommodations proposed to be discontinued;
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(c) circumstances demonstrating hardship and inequity
to the licensee seeking a discontinuance permit;
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(d) the rate of vacancy of mobile home park accommodations
in the town of North Reading at the time the licensee applies for
a discontinuance permit and the average rental rates for said available
accommodations;
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(e) the availability of land zoned and otherwise
suitable for development or expansion of mobile home parks.
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The rent control board, in its discretion, may also review other
relevant factors in making its report and recommendations.
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For the purposes of this act, the "vacancy rate" shall be defined
as that percentage of the mobile home park accommodations which are
empty of mobile homes and are offered for rental to mobile home tenants.
Further, to be considered a "vacancy" the rental offer of the mobile
home park accommodation must be without entrance fee; without restrictions
as to the age, size or character of the mobile home, and; without
a requirement that the prospective tenant purchase a mobile home from
the park owner.
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In its report, the rent control board shall determine the current
vacancy rate for comparable mobile home park accommodations in the
town of North Reading. Any parties involved may submit evidence presented
to the rent control board at the public hearing.
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(6) (a) The licensee or applicant seeking a discontinuance
permit must make application to the board of selectmen for said permit
within thirty days of serving the tenants with the notices required
under the provisions of subsection eight of section thirty-two L of
chapter one hundred and forty of the General Laws.
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(b) Notwithstanding the above, no eviction certificate
shall be issued by the rent control board because of the discontinuance
of the use of all or a part of a mobile home park unless a discontinuance
permit has been issued by the board of selectmen.
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SECTION 8. Exemption from Civil Service.
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The personnel of the rent board established under the provisions
of section two shall not be subject to the provisions of section nine
A of chapter thirty or chapter thirty-one of the General Laws.
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SECTION 9. The provisions of this act shall not apply to mobile
home parks which have sent out notices of a change of use or discontinuance
under the provisions of subsection eight of section thirty-two L of
chapter one hundred and forty of the General Laws prior to the effective
date of this act.
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SECTION 10. This act shall take effect upon its acceptance by
the town of North Reading.
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Approved November 28, 1989.
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AN ACT EXEMPTING CERTAIN POSITIONS IN THE TOWN OF NORTH READING
FROM THE PROVISIONS OF THE CIVIL SERVICE LAW.
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Be it enacted, etc., as follows:
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SECTION 1. The positions of senior clerk stenographer,
senior accounting clerk, and junior clerk typist in the department
of public works in the town of North Reading shall be exempt from
the provisions of chapter thirty-one of the General Laws.
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SECTION 2. The provisions of section one shall
not impair the civil service status of any person employed in the
position of senior clerk stenographer, senior accounting clerk or
junior clerk typist in the department of public works of the town
of North Reading on the effective date of this act.
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SECTION 3. This act shall take effect upon its passage.
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Approved December 8, 1989.
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AN ACT ESTABLISHING THE ESSEX-MIDDLESEX SANITARY
DISTRICT.
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Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same, as follows:
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SECTION 1. A water pollution abatement district,
to be known as the Essex-Middlesex Sanitary District, hereinafter
called the district, is hereby established upon acceptance by vote
of the town meetings of the towns of Boxford, Topsfield, Hamilton,
Middleton, North Reading, and Wenham and shall include the territory
of each town so voting.
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SECTION 2. The district shall be a body politic
and corporate. There shall be a commission to be known as the district
commission. An executive director and treasurer shall be appointed
by the district commission.
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The district commission upon formation shall
consist of one member from each of the towns in the district and one
additional member from the host town in which the facility is located,
when established, said members to be residents of their respective
towns and appointed for a term of three years by a vote of the board
of selectmen; provided, however, that in a town where the members
of the board of health are elected, such appointment shall be by joint
vote of the board of selectmen and the board of health. The initial
appointments shall be: two members for one year, two members for two
years and two members for three years. The membership of the district
commission may be expanded by a two-thirds vote of the members of
the commission.
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The district commission shall employ qualified
persons to serve as executive director and treasurer and fix their
salaries. Said director shall administer the affairs and direct the
work of the district as approved by the commission. The powers and
duties of the director shall be set forth in the by-laws of the district.
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The executive director may, with the approval
of the district commission, employ such other persons as he shall
deem necessary and fix their salaries.
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The commission shall, within thirty days of
initial appointment of all members and thereafter annually in the
month of June select a chairperson, a vice chairperson, and a secretary
from among the membership who shall also act as an executive committee.
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SECTION 3. The district commission:
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(A) May act by a majority
vote on all matters except that a two-thirds majority vote shall be
required for the following four items:
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(1) the undertaking of
any capital outlay project costing more than twenty-five thousand
dollars;
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(2) the issuance of bonds
or notes;
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(3) the removal of the
executive director;
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(4) the exercise of the
power of eminent domain.
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(B) Shall adopt, and
may amend or repeal, by-laws, regulations and rules for the conduct
of its affairs.
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(C) Shall adopt a corporate
seal.
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(D) May sue and be sued.
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(E) May enter into contracts
and other instruments necessary or convenient to the exercise of its
powers.
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(F) May incur expenses
in order to carry out the purpose of this act.
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(G) May issue bonds and
notes as hereinafter provided and to secure the payment thereof may
pledge or assign, or provide for a lien upon or security interest
in, any or all property of the district or any or all revenues, including
without limitation assessments, grants or taxes or rates, fees or
charges derived from the operation of any or all facilities or projects
of the district.
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(H) May acquire, dispose
of, lease, as lessee or lessor, transfer, sell and encumber real and
personal property, including intangible property, or interests therein,
for the purposes of the district, as it deems appropriate in the exercise
of its powers.
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(I) May manage, control
and supervise abatement facilities.
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(J) May construct, acquire,
transfer, sell, improve and maintain and operate abatement facilities.
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(K) Shall provide revenues
to carry out the purposes of the district, in accordance with clauses
I and J.
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(L) May apply for, accept
and receive grants, loans or other financial assistance from the federal
government, the commonwealth or any other public or private source.
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(M) May invest available
funds as provided by law.
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(N) Shall adopt regulations
and rules as to the quality and character of any sewage derived from
septic systems and other wastes received by the district's facilities
or projects.
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For the purposes of this act abatement
facilities shall include facilities for the purpose of treating, neutralizing
or stabilizing sewage derived from septic systems and other wastes
as are disposed of by means of the facilities, including treatment
or disposal plants, the necessary intercepting, outfall and outlet
pipelines, pumping stations and force mains integral to such facilities
and pipelines, equipment and furnishings thereof and their appurtenances,
and
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(O) May provide for the
insurance, including self-insurance, of any property or operations
of the district, its members, commissioners, officers and employees,
against any risk or hazard, and may indemnify its members, commissioners,
officers and employees against any risk or hazard.
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(P) May create and fund
reserves for the purpose of planning, constructing, reconstructing,
financing, acquiring, owning, managing, insuring, leasing, equipping,
extending, improving, operating, maintaining, repairing and closing
any of its facilities or projects.
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(Q) May establish rates,
fees and charges for the use of any of its facilities or projects.
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(R) May request any member,
for the purposes of the district, to exercise the power of eminent
domain available to such member and reimburse such member for the
cost of the acquisition and other expenses related to such exercise
of eminent domain. Each and every member shall have the right to exercise
the power of eminent domain, in accordance with the provisions of
law governing such right, for the purposes of the district upon such
a request from the district commission.
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(S) May enforce whether
through the courts or otherwise any of its duly adopted regulations
or rules or the payment or collection of any assessments provided
under section seven hereof or any amounts to be received pursuant
to the provisions of section nine hereof. In cases determined appropriate
by the district commission, the district commission may seek injunctive
relief of any kind available through the courts.
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(T) May exercise such
other powers as are necessary or incidental to carrying out the purposes
of this act.
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SECTION 4. The district may apply to the appropriate
state and federal authorities for grants, loans or other financial
assistance for the purpose of assisting the district in developing
a comprehensive water pollution abatement project for such district.
In no case shall such financial assistance exceed the reasonable and
necessary cost of such projects, after subtracting therefrom any federal
grants, loans or other financial assistance made to such district
for the same purposes.
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SECTION 5. The district commission, or its agents,
may enter upon any lands or waters for the purpose of making surveys,
test pits and borings, and may take by eminent domain or acquire by
purchase or otherwise, the right to temporarily occupy any lands necessary
for the carrying out of the said purposes.
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SECTION 6. No lands, rights-of-way, or other
easements, property, structures, or rights acquired by the district,
as herein provided, and located in a member community, shall be taxed
or assessed by the municipality if yielding no rent, but the district
may annually on July first pay to the municipality, an amount in lieu
of taxes, said amount to be established by the district commission.
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SECTION 7. It is the intent of the district
to be self-supporting; provided, however, that the district commission
may assess any and all costs of operation of the district among the
members using a formula based on the estimated or actual gallonage
of sewage derived from septic systems contributed to the system by
each member. Said assessments shall annually, no later than sixty
calendar days prior to the earliest annual town meeting of any member,
be filed with the board of selectmen of each member who shall incorporate
the amount in the warrant for approval at the next annual town meeting.
Approval by a two-thirds vote of the member communities shall be binding
on the entire membership.
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SECTION 8. The district, by vote of the commissioners,
is authorized to issue, from time to time, general obligation or revenue
bonds or notes of the district to pay for the costs of operating and
maintaining the facilities and projects of the district and the costs
of capital outlay required in connection with the facility or facilities
or the project or projects contained in an approved plan, in such
amount or amounts as the district commissioners may determine and
may refund any such bonds or notes with general obligation or revenue
bonds. Such bonds or notes may be callable with or without premium,
shall contain such terms and conditions, bear such rate or rates of
interest, including variable rates and rates established by reference
to an index or formula, be sold in such manner, at public or private
sale, at such time or times and at such price or prices, be secured
by such pledges, assignments, liens, security interests, reserves,
guarantees, letters of credit, insurance and similar documents, and
mature at such times and in such amounts as the district commission
shall determine; provided, however, that any bonds or notes issued
under this section that are not temporary shall be payable not later
than thirty years from their date.
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If the district votes to issue bonds or notes,
the district commission may authorize the issuance, in the name of
the district, of general obligation or revenue temporary notes for
a period of not more than two years in anticipation of the money to
be received from the sale of such bonds or notes; but the time within
which such bonds or notes shall become payable shall not be extended
by reason of the issuance of such temporary notes beyond the time
fixed in the vote authorizing such bonds or notes.
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The district, by vote of the commissioners,
is authorized to issue, from time to time, general obligation or revenue
temporary notes of the district in anticipation of assessments and
other revenues of the district of the year in which such notes are
issued. Temporary notes in anticipation of assessments or other revenues
shall be payable not more than one year from their dates. If at any
time any principal or interest is due or about to become due an any
bond or note issued by a district and funds to pay the same are not
available, the district may temporarily borrow money and issue temporary
general obligation notes of the district, payable not more than one
year from their dates, to pay such principal and interest.
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Temporary notes issued under this section for
a shorter period than the maximum permitted may be renewed by the
issuance of other temporary notes maturing within the required period;
provided, that the period from the date of issue of the original temporary
note to the date of maturity of the renewal note shall not exceed
the maximum period for which the original temporary note may have
been issued. Such temporary notes or renewal notes may be sold at
discount or with interest payable at or at and before maturity.
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Bonds and notes of the district shall be signed
by the treasurer and countersigned by the executive director of the
district and shall have the district seal affixed. Sections sixteen
B and sixteen C of chapter forty-four of the General Laws shall be
applicable to such bonds and notes.
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The term "costs of operating and maintaining"
as used herein shall include any or all costs or expenses incurred
or to be incurred in connection with the operation or maintenance
of any of the district's facilities or projects, including without
limitation the cost of maintaining, repairing or servicing any facilities
or projects of the district, the cost of acquiring, maintaining or
repairing offices owned or leased by the district or acquiring, maintaining,
servicing or repairing equipment or furnishings owned or leased by
the district, any salaries or expenses of any commissioner, officer
or employee of the district while acting in the performance of their
duties on behalf of the district, insurance, utilities, any fees and
charges of any independent consultants for engineering, financial
or legal services and any similar cost or expense necessary or incidental
to the district in carrying out its purposes hereunder.
| ||
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The term "capital outlay" as used herein shall
mean the cost of construction, acquisition, extension or improvement
of facilities included in the project or projects contained in an
approved plan, the cost of acquisition of all the land or interest
therein of any nature or description, for such construction, extension,
acquisition or improvement, and any legal appraisal or surveys, fees
or services with relation thereto, the cost of demolition or the removal
of any buildings or structures on land so acquired, the cost of furnishings
and equipment, financing charges, costs of issuance of bonds and notes,
including any premium on any insurance obtained in connection therewith
or the cost of any guarantees, letters of credit or similar documents
purchased in connection therewith, insurance during construction,
cost of architectural, engineering, legal or other expenses, plans,
specifications, estimates and costs and such other expenses, acquisition
or improvement of such facilities, and the placing of such facilities
in operation.
| ||
|
The term "improvement" as used in this section
shall include the cost of acquiring more equipment, the cost of converting
the existing facility into a new condition of completeness or efficiency
from a worn, damaged or deteriorated condition whenever the plans
for such improvement have been approved.
| ||
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Any bonds or notes issued under this section
shall not be included in computing the limit of indebtedness of any
city or town any portion of which is included in the district.
| ||
|
SECTION 9. The district commission shall annually
determine the amounts required for the payment of principal and interest
and premium, if any, on such bonds and notes issued or to be issued
by the district which will be due during the ensuing calendar year
and may apportion the amounts so determined among the municipalities
in the district in accordance with the provisions of section seven.
The district commission shall also annually determine the amounts
necessary to be raised to maintain and operate the district during
said year, for capital outlay items the cost of which is not to be
funded, and for all other matters for which the district is required
to raise money, and shall apportion among the municipalities the amounts
so determined, in accordance with the provisions of said section seven,
reduced by the amounts of revenues of funds which are available or
are to be received by the district during said year and are applicable
to costs of maintenance and operations. All amounts apportioned hereunder
shall be subject to the provisions of section seven, including the
approval procedures therein. Amounts apportioned or assessed under
this act shall be subject to the provisions of section twenty B of
chapter fifty-nine of the General Laws.
| ||
|
House of Representatives, August 27, 1990
In Senate, August 27, 1990
Approved September 5, 1990
|
AN ACT RELATIVE TO THE PROVISION OF ELECTRIC SERVICE BY THE
TOWN OF READING MUNICIPAL LIGHT DEPARTMENT TO THE TOWNS OF READING,
WILMINGTON, NORTH READING AND LYNNFIELD.
|
Be it enacted, etc., as follows:
| |
|
SECTION 1. Notwithstanding the provisions of
any general or special law to the contrary, the municipal light department
of the town of Reading hereby is authorized to include in annual operating
expenses and recover through its electric rates voluntary, in-lieu-of-tax
payments made to the towns of Reading, Wilmington, North Reading and
Lynnfield. Such payments may be made during each calendar year commencing
July tenth, nineteen hundred and ninety, in accordance with the following
formula:
| |
|
(a) the municipal light department of the town of
Reading shall calculate an amount equal to two percent of its net
plant, determined in accordance with the policies and decisions of
the department of public utilities, as/of the end of the calendar
year prior to the year in which the in lieu of tax payments are to
be made; and
| |
|
(b) the amount calculated in clause (a) shall be
appropriated by the municipal light department of the town of Reading
and distributed during such year to the towns of Reading, Wilmington,
North Reading and Lynnfield as in lieu of tax payments based on a
pro rata allocation in accordance with the respective retail kilowatt-hour
sales within each town from such prior calendar year as a percentage
of said municipal light department's total retail sales within all
four of the town during such prior calendar year.
| |
|
Nothing in this section shall preclude said municipal light
department from earning a return of eight percent per annum on the
cost of the plant in accordance with section fifty-eight of chapter
one hundred and sixty-four of the General Laws making additional voluntary
in lieu of tax payments to the town of Reading from its unappropriated
earned surplus, and otherwise using its earned return of up to eight
percent per annum for purposes authorized by law.
| |
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SECTION 2. Notwithstanding the provisions of
any general or special law to the contrary, the towns of Wilmington,
North Reading and Lynnfield are authorized to contract for, and shall
continue to receive electric service from the municipal light department
of the town of Reading for a term of up to twenty years commencing
on the date of execution of such contract. Any such contract executed
prior to July tenth, nineteen hundred and ninety is hereby ratified,
validated and confirmed. During the term of such contract, the rights
accorded to such towns under chapter one hundred and sixty-four of
the General Laws and chapter three hundred and sixty-nine of the acts
of nineteen hundred and eight to purchase and acquire the plant of
the municipal light department of the town of Reading are hereby suspended
and cannot be exercised; provided, however, that after the expiration
or termination of such contract, such towns shall have the right to
purchase and acquire such plant in accordance with the provisions
of said chapter one hundred and sixty-four and said chapter three
hundred and sixty-nine.
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SECTION 3. This act shall take effect as of July tenth, nineteen
hundred and ninety.
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Approved December 26, 1990.
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AN ACT AUTHORIZING THE TOWN OF NORTH READING
TO IMPLEMENT AN INCREASE IN AN EXISTING INTERBASIN TRANSFER OF WATER
FOR THE PURPOSE OF MUNICIPAL WATER SUPPLY.
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Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same, as follows:
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The town of North Reading may, with the approval
of the water resources commission, implement an increase in the existing
transfer of water from the Merrimack river basin to the Ipswich river
basin.
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House of Representatives, June 19, 1991
In Senate, June 29, 1991
Approved July 8, 1991
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AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS
TO CONVEY CERTAIN PARCELS OF LAND IN THE TOWN OF NORTH READING TO
THE TOWN.
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Be it enacted, etc., as follows:
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SECTION 1. The commissioner of the division
of capital planning and operations is hereby authorized subject to
the provisions of sections forty E to forty J, inclusive, of chapter
seven of the General Laws, to sell and convey by deed approved as
to form by the attorney general and upon its acceptance by the town,
certain parcels of land located in the town of North Reading, to the
town of North Reading, presently under the care and control of the
department of mental retardation, subject to the requirements of sections
two to four, inclusive, and to such additional terms and conditions
as said commissioner may prescribe in consultation with the department
of mental retardation. Said parcels are described as follows:
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PARCEL A
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Beginning at the most Northeast corner of the hereinafter described
parcel of land at a concrete bound on the Southerly sideline of Lowell
Road, said point being also the most Northwest lot corner of land
of Robert A. Steeves, the line runs,
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S 2° 26'40" E for a distance of 387.44 feet by land of aforesaid
Robert A. Steeves and land of Joseph & Kevin Murphy, Trustees
of the Lowell Road Realty Trust to an iron pipe, thence the line continues;
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S 22°02'00" E for a distance of 332.44 feet still by land
of the Lowell Road Realty Trust to an angle point, thence the line
turns and runs;
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S 65°50'40" W for a distance of 386.27 feet still by land
of the Lowell Road Realty Trust to an iron pipe at an angle point,
thence the line turns and runs;
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S 31 °25'40" W for a distance of 173.07 feet still by land
of the Lowell Road Realty Trust to an angle point, thence the line
turns and runs;
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N 21°43'00" W for a distance of 856.52 feet by land of the
Commonwealth of Massachusetts to an angle point, thence the line continues;
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N 43 ° 19'00" W for a distance of 175.50 feet still by other
land of the Commonwealth to an angle point, thence the line continues;
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N 83°51'00" E for a distance of 326.96 feet still by the
land of the Commonwealth to the Southerly sideline of Lowell Road,
thence the line turns and runs;
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Southeasterly for a distance of 59.08 feet by the sideline of
Lowell Road along a curve to the right having a radius of 373.53 feet
to a stone bound, thence the line continues;
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Southeasterly for a distance of 141.01 feet still by the sideline
of Lowell Road along a curve to the left having a radius of 346.63
feet to a stone bound, thence the line continues;
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S 87°54'30" E for a distance of 114.50 feet still by the
Southerly sideline of Lowell Road to the point of beginning.
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The above described parcel of land contains 10.98 Acres and
intended to be the Easterly portion of land belonging to the Commonwealth
of Massachusetts and being a part of Parcel 9 as shown on the Town
of North Reading's Assessor Map 14.
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PARCEL B
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Beginning at the most Southwest corner of the hereinafter described
parcel of land at a concrete bound, said point being also the most
Southwest corner of land of the grantor and at land of Robert Cory,
the line runs,
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N 18°41'04" W for a distance of 475.43 feet by land of Robert
Cory to a point, thence the line turns and runs
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Southeasterly for a distance of 216.06 feet by land of the Commonwealth
of Massachusetts along a curve to the left having a radius of 10,623.45
feet to a point, thence the line continues;
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S 75°44'35" E for a distance of 270 feet more or less still
by land of the Commonwealth of Massachusetts to the centerline of
Martins Brook at other land of the Town of North Reading, thence the
line turns and runs;
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Southwesterly for a distance of 420 feet more or less along
the centerline of Martins Brook by land of the Town of North Reading
to a point at land of aforesaid Robert Cory, thence the line turns
and runs;
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S 64°30'30" W for a distance of 63 feet more or less by
land of said Robert Cory to a drill hole in a boulder, thence the
line turns and runs;
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S 88°12'48" W for a distance of 134.27 feet still by land
of Robert Cory to the point of beginning.
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The above described parcel of land contains 3 acres more or
less and is intended to be the Southwest portion of land belonging
to the Commonwealth of Massachusetts and being a part of Parcel 9
as shown on the Town of North Reading's Assessor Map 14.
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SECTION 2. No deed conveying by or on behalf
of the commonwealth the property described in section one shall be
valid unless such deed provides that Parcel A shall be used for municipal
recreational purposes and that Parcel B shall be used for watershed
protection.
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SECTION 3. The town of North Reading shall assume the costs
of appraisals, surveys and other expenses as deemed necessary by the
commissioner of the division of capital planning and operations for
the conveyance of this property.
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SECTION 4. In the event that Parcels A and B as described in
section one are not used for municipal recreational purposes and watershed
protection, respectively, within five years of the effective date
of this act, or if the town of North Reading ceases to use either
parcel for such purpose at any time thereafter, title to said parcel
shall revert to the commonwealth upon such terms and conditions as
the commissioner of the division of capital planning and operations
may determine.
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Approved May 12, 1993.
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AN ACT RELATIVE TO RECALL ELECTIONS IN THE TOWN
OF NORTH READING.
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Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same, as follows:
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SECTION 1. Chapter 6 of the charter of the town
of North Reading, which is on file in the office of the archivist
of the commonwealth, as provided in section twelve of chapter forty-three
B of the General Laws, is hereby amended by striking out section 3
and inserting in place thereof the following section:-
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Section 6-3-1. Any elective officer of the town
may be recalled and removed from public office by the voters of the
town as herein provided. Any voter of the town may file with the town
Clerk an affidavit containing the name and title of the elective officer
whose removal is sought, together with a statement of the grounds
for his removal. No recall petition may be filed against any officer
until he has held office for at least six months.
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Section 6-3-2. The town Clerk shall thereupon
deliver to said voter or voters making the affidavit, copies of petition
blanks demanding such recall, copies of which printed forms shall
be available. Such forms shall be issued by the town Clerk with his
signature and official seal attached thereto. They shall be dated,
shall be addressed to the selectmen and shall contain the names of
all the persons to whom they are issued, the name of the person whose
recall is sought, the grounds of recall as stated in the affidavit,
and shall demand the election of a successor in the said office. A
copy of the petition shall be entered in a record book to be kept
in the office of the town Clerk. Said recall petition shall be returned
and filed with the town Clerk within twenty days after the filing
of the affidavit, and shall have been signed by qualified voters of
the town, who shall add to their signatures the street and number,
if any, of their residences, equal in number to at least fifteen percent
of the voters registered at the last regular municipal election.
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Section 6-3-3. The town Clerk shall within twenty-four
hours of receipt submit the petition to the registrars of voters in
the town, and the registrars shall within seven working days certify
thereon the number of signatures which are names of registered voters
of the town.
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Section 6-3-4. If the petition shall be found
and certified by the town Clerk to be sufficient he shall submit the
same with his certificate to the selectmen within five working days,
and the selectmen shall within five working days give written notice
of the receipt of the certificate to the officer sought to be recalled
and shall, if the officer does not resign within five days thereafter,
order an election to be held on a date fixed by them not less than
seventy-five and not more than ninety days after the date of the town
Clerk's certificate that a sufficient petition has been filed; provided,
however, that if any other town election is to occur within ninety
days after the date of the certificate, the selectmen shall postpone
the holding of the recall election to the date of such other election.
No person shall be subject to recall if his term of office expires
within ninety days of the certificate. If a vacancy occurs in said
office after a recall election has been ordered, the election shall
nevertheless proceed as provided in this section.
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Section 6-3-5. Any officer sought to be removed
may be a candidate to succeed himself, and unless he requests otherwise
in writing, the town Clerk shall place his name on the ballot without
nomination. The nomination of other candidates, the publication of
the warrant for the removal election, and the conduct of the same
shall all be in accordance with the provisions of law relating to
elections, unless otherwise provided in this section.
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Section 6-3-6. The incumbent shall continue
to perform the duties of his office until the recall election. If
then reelected, he shall continue in office for the remainder of his
unexpired term subject to recall as before, except as provided in
this act. If not reelected in the recall election, he shall be deemed
removed upon the qualification of his successor, who shall hold office
during the unexpired term. If the successor fails to qualify within
five days after receiving notification of this election, the incumbent
shall thereupon be deemed removed and the office vacant.
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Section 6-3-7. Ballots used in the recall election
shall submit the following propositions in the order indicated:
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For the recall of (name of officer)
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Against the recall of (name of officer)
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For the election of (name)
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Each proposition shall be marked in accordance
with the procedures for voting according to the electronic voting
system used by the town. Under the propositions shall appear the word
"Candidates," and beneath this, the names of candidates nominated
in accordance with the provisions of law relating to elections. If
two-thirds of the votes cast upon the question of recall are in the
affirmative, the candidate receiving the highest number of votes shall
be declared elected.
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Section 6-3-8. No recall petition shall be filed
against an officer within six months after he takes office, nor, in
the case of an officer subjected to a recall election and not recalled
thereby, until at least ninety days after the election at which his
recall was submitted to the voters of the town.
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Section 6-3-9. No person who has been recalled
from an office or who has resigned from office while recall proceedings
were pending against him, shall be appointed to any office in the
town within two years after such recall or such resignation.
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SECTION 2. This act shall be submitted to the
voters of the town of North Reading at the annual election to be held
in the year nineteen hundred and ninety-seven in the form of the following
question which shall be placed on the official ballot:- "Shall an
act passed by the general court in the year nineteen hundred and ninety-six
entitled `An act relative to recall elections in the town of North
Reading' be accepted?"
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If a majority of the votes cast in answer to
said question is in the affirmative, said act shall take effect, but
not otherwise.
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SECTION 3. This act shall take effect upon its
passage.
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House of Representatives, July 8, 1996
In Senate, July 16, 1996
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AN ACT AUTHORIZING THE TOWN OF NORTH READING
TO CONVEY A CERTAIN PARCEL OF LAND.
|
Be it enacted, etc., as follows:
|
|
SECTION 1. The town of North Reading, acting
by and through its board of selectmen, is hereby authorized to convey
a portion of a certain parcel of open space and recreational land
to an individual or entity abutting said parcel and to convey the
remainder of said parcel to the conservation commission of said town
for conservation purposes. Said conveyance shall be subject to the
provisions of section sixteen of chapter thirty B of the General Laws.
Said parcel is shown on a plan of land entitled, "Plan of Land in
North Reading, MA" dated March twenty-sixth, nineteen hundred and
ninety-six prepared by JJR Engineering, which is on file in the office
of the town Clerk.
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SECTION 2. This act shall take effect upon its
passage.
|
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Approved August 9, 1996.
|
AN ACT RELATIVE TO A CERTAIN MOSQUITO CONTROL
DISTRICT.
|
Be it enacted, etc., as follows:
|
|
SECTION 1. The first paragraph of section 1
of chapter 516 of the acts of 1958, as most recently amended by section
1 of chapter 108 of the acts of 1967, is hereby further amended by
striking out, in line 4, the word "project" and inserting in place
thereof the following word:- district.
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SECTION 2. Said first paragraph of said section
1 of said chapter 516, as most recently amended by said section 1
of said chapter 108, is hereby further amended by striking out, in
lines 8 and 9, the words "Essex County, City of Revere and Towns of
Winthrop and North Reading Mosquito Control Project" and inserting
in place thereof the following words:- North East Massachusetts Mosquito
Control and Wetlands Management District.
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SECTION 3. Section 2 of said chapter 516, as
most recently amended by section 2 of said chapter 108, is hereby
further amended by striking out, in line 2, the words "Essex County,
City of Revere and Towns of Winthrop and North Reading Mosquito Control
Project" and inserting in place thereof the following words:- North
East Massachusetts Mosquito Control and Wetlands Management District.
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SECTION 4. Section 3 of said chapter 516 is
hereby amended by striking out, in lines 1 and 2, the words "mosquito
control project" and inserting in place thereof the following words:-
North East Massachusetts Mosquito Control and Wetlands Management
District.
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SECTION 5. Said section 3 of said chapter 516
is hereby further amended by striking out, in lines 3 and 10, the
word "project" and inserting in place thereof, in each instance, the
following word:- district.
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SECTION 6. Section 4 of said chapter 516 is
hereby amended by striking out, in lines 5 and 6, the words "mosquito
control project" and inserting in place thereof the following words:-
North East Massachusetts Mosquito Control and Wetlands Management
District.
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Approved October 31, 1996.
|
AN ACT VALIDATING THE PROCEEDINGS OF A SPECIAL
ELECTION HELD IN THE TOWN OF NORTH READING.
|
Be it enacted, etc., as follows:
|
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SECTION 1. Notwithstanding the provisions of
any general or special law to the contrary, all acts and proceedings
of the town of North Reading at a special town election held on November
19, 1996, and all actions taken pursuant thereto are hereby ratified,
validated and confirmed, notwithstanding any defect or omission in
the calling or holding of said special town election.
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SECTION 2. This act shall take effect upon its
passage.
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Approved August 28, 1997
|
AN ACT AUTHORIZING THE TOWN OF NORTH READING
TO GRANT CERTAIN EASEMENTS IN CERTAIN CONSERVATION LAND.
|
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same, as follows:
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The town of North Reading, acting by and through
its board of selectmen, is hereby authorized to grant easements in
certain parcels of conservation land located in said town to MediaOne
of Massachusetts, Inc. or their successors to construct, upgrade,
install, operate and maintain the necessary cables, wires, anchors,
guys, supports and fixtures thereon for the transmission of cable
communication services. Said parcels are shown as parcels 20, 23,
and 33 on said town of North Reading Assessor's Map 72 and as parcel
2 on said Assessor's Map 73. Such easements being more particularly
described as the exclusive right to attach or otherwise affix cables,
wire or optical fibers comprising the cable communications systems
to the existing poles or conduits on and along said easements, provided,
however, that said MediaOne of Massachusetts, Inc., or its successor
obtains the permission of the public utility companies to affix the
cables and wires to their poles and conduit facilities, with the right
to make service connections to subscribers, and the right to cut down
or trim trees and bushes as the grantees may from time to time deem
necessary, not to exceed a width of 30 feet.
|
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Approved November 28, 1997.
|
AN ACT AUTHORIZING THE TOWN OF NORTH READING
TO LEASE A CERTAIN BUILDING.
|
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same, as follows:
|
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SECTION 1. Notwithstanding the provisions of
chapter 30B of the General Laws or any other general or special law
to the contrary, the town of North Reading, acting by and through
its board of selectmen, is hereby authorized to lease the Weeks Building/Damon
Tavern, hereinafter called the Damon Tavern, for a term not to exceed
25 years to The North Reading Historical and Antiquarian Society Inc.
for the preservation and protection of the historical resources of
said town.
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SECTION 2. Any funds derived from the use, operation,
or subleasing of any portion of the Damon Tavern by said society shall
be deposited into a special account known as the Damon Tavern Revolving
Trust Fund which shall be kept separate and apart from all other accounts
of the town. The town may appropriate in any year monies from said
Fund for the maintenance and upkeep of said Damon Tavern and grounds.
Said society shall select an independent certified public accountant
to perform an annual audit of the society's books and accounts and
to make a report of such accountant's findings and opinions to the
board of selectmen of said town.
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SECTION 3. If at any time the Damon Tavern ceases
to be used for the purposes specified in section 1, the lease shall
terminate and the control of the property shall revert to the town.
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SECTION 4. The consideration for any sublease
of any portion of the Damon Tavern shall be the full and fair market
value of said leasehold interest and any such sublease shall require
the approval of the board of selectmen of the town of North Reading.
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Approved March 20, 1998.
|
AN ACT AUTHORIZING THE TOWN OF NORTH READING
TO CONVEY CERTAIN CONSERVATION LAND.
|
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. The town
of North Reading, acting by and through its board of selectmen, is
hereby authorized to sell and convey a certain parcel of conservation
land to an abutting entity or person. Said parcel is a portion of
assessor's Map 72, parcel 35 containing 0.41 acres. Said sale price
shall not be less than $5,000.[1]
|
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SECTION 2. No deed conveying
by or on behalf of the town of North Reading the property described
in section 1 shall be valid unless such deed prohibits the construction
of a residential structure on said parcel.
|
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Approved August 5, 1998
|
AN ACT RELATIVE TO CERTAIN STATE LAND IN THE
TOWN OF NORTH READING AND THE TOWN OF WILMINGTON.
|
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. As used in
this act, the following words shall, unless the content clearly indicates
otherwise, have the following meanings:-
|
|
"Commissioner," the
commissioner of the division of capital asset management and maintenance.
|
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"Committee," the J.
T. Berry reuse committee.
|
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"Developer," the entity
or entities, to which the commissioner may convey all or part of the
commonwealth's interest in the property located at the John T. Berry
Rehabilitation Center.
|
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"Division," the division
of capital asset management and maintenance.
|
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"J. T. Berry center"
or "site," all land owned by the commonwealth as of January 1, 1998
located upon the John T. Berry Rehabilitation center located in the
towns of North Reading and Wilmington.
|
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SECTION 2. The commissioner
of the division of capital asset management and maintenance is hereby
authorized and directed, subject to the provisions of sections 40E
to 40J, inclusive, of chapter 7 of the General Laws, to convey by
deed, approved as to form by the attorney general, or to lease for
a period not to exceed 99 years, all or parts of the commonwealth's
interest in all or portions of the land and buildings located at the
J. T. Berry center to a developer or developers, selected in accordance
with the provisions of this act. Said land is shown on a "Plan of
Land in North Reading owned by the Commonwealth of Massachusetts,"
dated September 2, 1992, prepared by Robert E. Anderson, Inc., which
plan is on file with said division. Said deeds and leases shall be
consistent with the policies set forth in this act.
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SECTION 3. Within 90
days of the effective date of this act, the division of capital asset
management and maintenance shall issue a Memorandum of Agreement between
said division and the towns of North Reading and Wilmington concerning
the reuse of the site. Said division shall negotiate the terms of
said agreement with the town administrator of the town of North Reading
and the town manager of the town of Wilmington with the advice of
the state senator and state representatives representing said towns
of North Reading and Wilmington in the general court. Said agreement
shall incorporate the requirements of existing zoning regulations
and the provisions of this act, including, but not limited to, a commitment
by said division to undertake predevelopment studies of the site,
to resurvey the site, to fund site assessment sufficiently to adequately
determine the nature and extent of oil or hazardous materials on the
site and the cost of remediation, in accordance with applicable laws
and regulations and to market the site to potential developers; provided,
however, that said agreement shall exclude the use of any portion
of the site for an incinerator, landfill, or other means of permanent
disposal of solid or hazardous waste, house of correction, jail or
prison. Said agreement shall include a timetable within which said
division shall complete said surveys, evaluations and assessments
of oil and hazardous materials.
|
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SECTION 4. Within 180
days following the approval of the Memorandum of Agreement and pursuant
to sections 40E to 40J, inclusive, of chapter 7 of the General Laws,
the commissioner of the division of capital asset management and maintenance
shall issue requests for proposals for the reuse of all or a portion
of the site. Said requests for proposals shall be based on the provisions
of the Memorandum of Agreement and this act, and shall include, but
not be limited to, the following:--
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(a) the time and date
for receipt of proposals, the address of the office to which the proposals
are to be delivered, and the maximum time for proposal acceptance
by the division;
|
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(b) a description of
the property offered;
|
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(c) a description of
evaluation criteria that will be utilized for the evaluation of proposals,
together with a statement that evaluations shall be based solely on
the criteria set forth in the request for proposals;
|
|
(d) a list of all items
or categories of information which must be included in each development
proposal, and a format for submitting such information.
|
|
SECTION 5. The commissioner
of the division of capital asset management and maintenance shall,
90 days before the execution of any land disposition agreement authorized
by section 3 or any subsequent amendment thereto, submit the land
disposition agreement or amendment and a report thereon to the inspector
general who shall review and comment upon said land disposition agreement
or amendment within 15 days of the receipt thereof. Said commissioner
shall submit the land disposition agreement and any subsequent amendments
thereto, the reports, and the comments of said inspector general,
if any, to the house and senate committees on ways and means, the
committee on state administration, the house and senate committees
on post audit and oversight, the J. T. Berry reuse committee, and
the state senator and state representatives representing said towns
of North Reading and Wilmington in the general court at least 75 days
prior to execution. Said land disposition agreement shall include
conditions adopted in the Memorandum of Agreement including, but not
limited to, the provision that the developer or developers consult
with the J. T. Berry reuse committee during the planning, development,
construction and management of said development on a schedule established
by said committee.
|
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SECTION 6. Within 30
days of the effective date of this act, there shall be established
a J. T. Berry reuse committee, hereinafter referred to as the committee,
to consist of not more than 13 members to be appointed by the division
of capital asset management and maintenance, in consultation with
state and local officials; provided, however, that one member shall
be a member of the Wilmington board of selectmen or its designee,
one member shall be the town manager for the town of Wilmington or
his designee, one member shall be the town administrator for the town
of North Reading or his designee, one member shall be the planning
director for the town of North Reading or his designee, one member
shall be a member of the North Reading Community planning commission
or its designee, one member shall be from the North Reading Business
Association, and the remaining members shall be residents of the town
of North Reading, the names of whom shall be submitted by the town
administrator to the commissioner of said division. The state senator
and state representatives representing said towns of North Reading
and Wilmington in the general court shall serve as ex-officio, nonvoting
members of the committee. Said committee may review, comment and make
recommendations concerning the implementation of the Memorandum of
Agreement.
|
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SECTION 7. The commissioner
of the division of capital asset management and maintenance is hereby
authorized to retain or grant rights-of-way or easements for access,
egress, utilities and drainage across property described in section
2 and across other commonwealth property contiguous to said property,
and the commonwealth may accept from the developer rights-of-way or
easements in roadways or across property to be conveyed by deed or
leased pursuant to said section 2 for purposes of access, egress,
drainage and utilities.
|
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SECTION 8. The amount
of consideration for the sales, lease, sublease, granting of easements
or other conveyances authorized by the provisions of this act shall
be equal to the fair market value of any portion thereof, as established
by taking the averaged appraised fair market value from three independent
appraisals from three independent appraisers selected by the commissioner
of the division of capital asset management and maintenance throughout
the competitive bidding process and with a methodology approved by
the inspector general. Said commissioner shall, in like manner, conduct
an appraisal of such property, or any portion thereof, every ten years
to determine the current fair market value; provided, however, that
such appraisal shall not include any privately constructed building
thereon. Any subsequent sale, lease, sublease or other conveyance
shall be adjusted based upon subsequent appraisals. Consideration
for parcels within the site, portions thereof, easements, or other
conveyances at less than fair market value shall be allowed if said
commissioner, in consultation with the J. T. Berry reuse committee,
determines that a direct public benefit is provided to the citizens
of the commonwealth and approves such lesser consideration; provided,
however, that if said commissioner selects a developer who did not
offer the highest price, said commissioner shall include a justification
for such decision in the notification required by section 40H of chapter
7 of the General Laws. Said commissioner shall maintain a written
record in reasonable detail of evaluations and negotiations undertaken
pursuant to this act and shall retain such record with the proposals
in accordance with said section 40H. All funds derived from the sale,
lease, sublease, granting of easements or other conveyances related
to parcels within the site shall be credited to the General Fund.
|
|
Approved August 10, 1998.
|
AN ACT AUTHORIZING THE TOWN OF NORTH READING
TO ESTABLISH A CERTAIN FUND.
|
Be it enacted by the Senate and
House of Representatives in General Court assembled, and by the authority
of the same, as follows:
|
|
Notwithstanding the
provisions of any general or special law to the contrary, the town
of North Reading is hereby authorized to appropriate in any given
year money to establish a fund to be known as the North Reading Town
Employee Retirement Fund, which shall be kept separate and apart from
all other monies by the treasurer of said town and which together
with any interest shall be used for the purposes of paying costs associated
with the retirement of town employees such as accrued vacation and
sick leave. Any expenditures from said fund shall require a majority
vote of any regular or special town meeting.
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Approved December 23, 1998.
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AN ACT AUTHORIZING THE TOWN OF NORTH READING
TO GRANT AN EASEMENT IN CERTAIN RECREATIONAL LAND.
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Be it enacted by the Senate and
House of Representatives in General Court assembled, and by the authority
of the same, as follows:
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SECTION 1. The town
of North Reading, acting by and through its board of selectmen, may
grant an easement to New England Telephone and Telegraph Company for
the purpose of placing telecommunication equipment which would provide
for the transmission of intelligence, telecommunications and electricity
in, on and over a certain portion of a parcel of land owned by the
town currently used for recreational purposes. The parcel is shown
on a plan of land as a proposed 25' x 25' easement area "Compiled
Plan of Land in No. Reading, Mass., Scale: 1" = 200', Date: September
13, 1986, Revised: 10/6/86, Hayes Engineering, Inc., Civil Engineers &
Land Surveyors" which plan is filed with the board of selectmen of
the town and recorded at the Middlesex south district registry of
deeds as Plan No. 1484, dated 10/24/86.
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SECTION 2. This act
shall take effect upon its passage
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Approved July 27, 2000.
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AN ACT AUTHORIZING THE TRANSFER OF A CERTAIN
PARCEL OF LAND IN THE TOWN OF NORTH READING.
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Be it enacted by the Senate and
House of Representatives in General Court assembled, and by the authority
of the same, as follows:
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SECTION 1. The commissioner
of the division of capital asset management and maintenance may, subject
to the provisions of sections 40E to 40J, inclusive, of chapter 7
of the General Laws, convey by deed approved as to form by the attorney
general, a certain parcel of land currently used for open space, forest
and recreation purposes and located in the town of North Reading to
the town of North Reading subject to the terms and conditions as the
commissioner may prescribe in consultation with the department of
environmental management. The land is located southerly of conservation
land on the Ipswich River owned by the town and is to be used for
conservation, recreational open space or bikeway purposes and is designated
as abandoned railroad bed land on Assessor's Map 41 parcel 52, a copy
of which is on file in the engineer's office in the town hall.
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SECTION 2. The sale
price paid by the town of North Reading for the parcel shall be the
full and fair market value of the property determined by independent
appraisal, for its use as described in this act. The inspector general
shall review and approve the appraisal and the review shall include
an examination of the methodology utilized for the appraisal. The
inspector general shall prepare a report of his review and file the
report with the commissioner of the division of capital asset management
and maintenance for submission to the house and senate committees
on ways and means and chairmen of the joint committee on state administration
in accordance with section 5.
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SECTION 3. The town
of North Reading or its designee shall be responsible for any costs
for appraisals, surveys and other expenses relating to the transfer
of the parcel, or for any costs and liabilities and expenses of any
nature and kind for the development, maintenance or operation of the
parcel. In the event the parcel of land ceases to be used at any time
for the purposes contained herein, the parcel shall revert to the
care and control of the division of capital asset management and maintenance
and any further disposition of the parcel shall be subject to sections
40E to 40J, inclusive, of chapter 7 of the General Laws.
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SECTION 4. The sale
price paid under section 2 shall be deposited in the General Fund
of the commonwealth.
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SECTION 5. The commissioner
of the division of capital asset management and maintenance shall,
30 days before the execution of any agreement authorized by this act,
or any subsequent amendment thereof, submit the agreement or amendment
and a report thereon to the inspector general for his review and comment.
The inspector shall issue his review and comment within 15 days of
receipt of any agreement or amendment. The commissioner shall submit
the agreement and any subsequent amendments thereof, the reports and
the comments of the inspector general, if any, to the house and senate
committees on ways and means and the chairmen on the joint committee
on state administration at least 15 days prior to execution.
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Approved November 30, 2001.
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AN ACT RELATIVE TO A CERTAIN PARCEL OF CONSERVATION
LAND IN THE TOWN OF NORTH READING.
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Be it enacted by the Senate and
House of Representatives in General Court assembled, and by the authority
of the same, as follows:
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Section 1 of chapter
215 of the acts of 1998 is hereby amended by striking out the second
and third sentences and inserting in place thereof the following 2
sentences:- The parcel is shown as Parcel II, containing 6,100 square
feet, more or less, on a subdivision plan of Swan Pond road owned
by the town of North Reading, prepared by O Neill Associates, Civil
Engineers and Land Surveyors, 234 Park Street, North Reading, MA 01864,
Assessor's Map 72, Parcel 35 dated April 23, 2001. The sale price
shall not be less than $2,500.
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Approved March 7, 2002.
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AN ACT AUTHORIZING THE SALE OF CERTAIN CONSERVATION
LAND IN THE TOWN OF NORTH READING.
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Be it enacted by the Senate and
House of Representatives in General Court assembled, and by the authority
of the same, as follows:
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SECTION 1. The town
of North Reading may sell and convey, acting by and through its town
meeting, and in accordance with chapter 30B of the General Laws, certain
town-owned conservation land. Said land is shown as parcel 10 on the
town of North Reading Assessors Map 50. The proceeds of the sale of
parcel 9, which is currently held for general municipal purposes,
and parcel 10 shall be used to provide all or a portion of the funding
to purchase certain private property for the purpose of creating Eisenhaures
Pond Park as outlined on a plan of survey dated February 28, 2003
and on file in the office of the town Clerk.
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SECTION 2. This act
shall take effect as of October 1, 2003.
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Approved November 19, 2003.
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AN ACT RELATIVE TO TOWN MEETINGS IN THE TOWN
OF NORTH READING.
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Be it enacted by the Senate and
House of Representatives in General Court assembled, and by the authority
of the same, as follows:
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SECTION 1. Chapter 2
of the charter of the town of North Reading which is on file in the
office of the archivist of the commonwealth, as provided in section
12 of chapter 43B of the General Laws, is hereby amended by striking
out section 2-4-1 and inserting in place thereof the following section:
Section 2-4-1 The town meeting shall meet regularly on the first available
Monday in April not in conflict with a religious or legal holiday
to consider and adopt an annual operating and capital budget, and
to act on other financial matters, as well as to consider and act
upon such other business as may properly come before the meeting;
and on the first available Monday in October not in conflict with
a religious or legal holiday to consider and act on matters of planning,
zoning, subdivision control, building codes, and all other matters
of a by-law nature, as well as to consider and act upon such other
business as may properly come before the meeting, including financial
matters; said dates for the April and October town meetings shall
be set by the selectmen at a public hearing held during a regularly
scheduled meeting of the board annually in January.
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SECTION 2. This act
shall take effect upon its passage.
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Approved January 5, 2006.
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AN ACT AUTHORIZING THE TOWN OF NORTH READING TO CONVEY AND ACQUIRE
LAND.
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Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same as follows:
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Notwithstanding section 16 of chapter 30B of the General Laws
or any other general or special law to the contrary, the board of
selectmen of the town of North Reading may convey a parcel of land
owned and acquired by the town for park purposes and shown in an order
of taking recorded with Middlesex south registry of deeds in Book
44544 at Page 223 and also shown as "Parcel B" on a plan entitled
"Plan of Land in North Reading, Massachusetts Prepared for Town of
North Reading" dated June 28, 2005, prepared by LeBlanc Survey Associates,
Inc., a copy of which plan is on file with the town clerk, to Klaus
and Brigette Kubierschky in consideration of the exchange of "Parcel
A" shown on said plan and on such other terms and conditions as the
selectmen deem appropriate.
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The board of selectmen of the town of North Reading may acquire
from Klaus and Brigette Kubierschky, in consideration of the exchange
of "Parcel B", "Parcel A" as shown on said plan for park purposes,
or related activities.
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Approved June 27, 2007.
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AN ACT AUTHORIZING THE TOWN OF NORTH READING TO CONVEY AND ACQUIRE
LAND.
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Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same as follows:
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Notwithstanding section 16 of chapter 30B of the General Laws
or any other general or special law to the contrary, the board of
selectmen of the town of North Reading may convey a parcel of land
owned and acquired by the town for park purposes and shown in an order
of taking recorded with Middlesex south registry of deeds in Book
44544 at Page 223 and also shown as "Lot B" on a plan entitled "Plan
of Land 32-36 Maple Road, North Reading, Massachusetts Prepared for
Town of North Reading", to Todd Ferrazanni in consideration of the
exchange of "Lot A" shown on said plan and on such other terms and
conditions as the selectmen consider appropriate.
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The board of selectmen of the town of North Reading may acquire
from Todd Ferrazanni in exchange of "Lot B", "Lot A" as shown on said
plan for park purposes, or related activities.
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Approved June 27, 2007.
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AN ACT CHANGING THE DATE OF THE ANNUAL TOWN MEETING IN THE TOWN
OF NORTH READING.
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Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same as follows:
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SECTION 1. Chapter 2 of the charter of the town of North Reading,
which is on file in the office of the archivist of the commonwealth,
as provided in section 12 of chapter 43B of the General Laws, is hereby
amended by striking out section 2-4-1, as appearing in chapter 179
of the acts of 2005, and inserting in place thereof the following
section:-
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Section 2-4-1 The town meeting shall meet regularly on the first
available Monday in June not in conflict with a religious or legal
holiday to consider and adopt an annual operating and capital budget,
and to act on other financial matters, as well as to consider and
act upon such other business as may properly come before the meeting;
and on the first available Monday in October not in conflict with
a religious or legal holiday to consider and act on matters of planning,
zoning, subdivision control, building codes, and all other matters
of a by-law nature, as well as to consider and act upon such other
business as may properly come before the meeting, including financial
matters; said dates for the June and October town meetings shall be
set by the board of selectmen at a public hearing held during a regularly
scheduled meeting of the board annually in January.
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SECTION 2. Section 2-5-1 of said chapter 2 of said charter is
hereby amended by striking out the word "April" and inserting in place
thereof the following word:- June.
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SECTION 3. This act shall take effect upon its passage.
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Approved, January 5, 2011.
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AN ACT AUTHORIZING THE TOWN OF NORTH READING TO USE CERTAIN
CONSERVATION LAND FOR PUBLIC WAY PURPOSES.
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Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same as follows:
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SECTION 1. The town of North Reading may transfer from the conservation
commission for conservation purposes to the board of selectmen for
public way purposes, the care, custody and control of a portion of
the parcel of land shown on Assessors Map 73, as Lot 4, which portion
consists of the roadway known as Swan Pond road and shown on a plan
entitled “Street Acceptance Plan for a Portion of Swan Pond
Road in North Reading, Massachusetts,” dated September 8, 2014,
prepared by LeBlanc Survey Associates, Inc., the roadway being a portion
of the premises described in the order of taking recorded with the
Middlesex south district registry of deeds in book 19999, page 367.
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SECTION 1A. The town of North Reading shall transfer a parcel
of land under the care, custody, management and control of the board
of selectmen and dedicated for general municipal purposes to the conservation
commission and the parcel shall be dedicated for conservation purposes.
If no suitable parcel can be transferred to the conservation commission,
the town shall acquire a parcel of land or a conservation restriction
upon private or public land as defined in section 31 of chapter 184
of the General Laws. The land shall be dedicated or restricted to
conservation purposes and under the jurisdiction of the conservation
commission. The parcel dedicated pursuant to this section shall be
of equal or greater size and value for conservation, park or water
supply purposes when compared to the parcel described in section 1.
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SECTION 1B. If the land conveyed pursuant to section 1 ceases
to be used for the purposes described in said section 1 by a discontinuance
vote of town meeting, the care, custody and control of the land shall
transfer to the town of North Reading conservation commission for
conservation, water supply or public park purposes upon a vote of
the town meeting
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SECTION 2. This act shall take effect upon its passage.
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Approved, August 5, 2015.
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AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT
AND MAINTENANCE TO CONVEY CERTAIN PARCELS OF LAND IN THE TOWN OF NORTH
READING TO THE TOWN OF NORTH READING.
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Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same as follows:
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SECTION 1. Notwithstanding sections 32 to 37, inclusive, of
chapter 7C of the General Laws or any other general or special law
to the contrary, the commissioner of capital asset management and
maintenance may convey to the town of North Reading the parcels of
land located at 102 Lowell road and 104 Lowell road, which parcels
are shown on North Reading Assessors’ map 14 as lot 148, consisting
of 2.49 acres, and on North Reading Assessors’ map 7 as lot
2, consisting of 34.21 acres, respectively. The exact location and
boundaries of the parcels to be conveyed shall be determined by the
commissioner and agreed to by the town after the completion of a survey.
The use of the parcels to be conveyed to the town shall not be restricted
to use for general municipal purposes or other specific uses; provided,
however, that the town may so restrict the parcels at a later date,
in accordance with any applicable general and special laws. The parcels
shall be conveyed by deed without warranties or representations by
the commonwealth.
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SECTION 2. As consideration for the conveyance of the parcels
pursuant to section 1, the town of North Reading shall pay to the
commonwealth certain costs incurred after the closure of the facility
including, but not limited to, the cost of capital expenditures and
operating expenditures incurred by the commonwealth to improve, maintain,
replace or repair the parcels conveyed to the town, including land,
infrastructure and improvements, but not including costs associated
with the closure or demolition of the facility and the environmental
remediation of the facility or parcel as determined by the commissioner
of capital asset management and maintenance and agreed to by the town.
The town may pay the amount so determined by the commissioner and
agreed to by the town upon its purchase of the parcels pursuant to
section 1 or the town may pay the amount so determined in 10 annual
payments pursuant to section 20A of chapter 58 of the General Laws.
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SECTION 3. If the town of North Reading sells or leases any
portion of the parcels described in section 1, the net proceeds from
such sale or lease as determined by the town and agreed to by the
commissioner of capital asset management and maintenance shall be
allocated between the town of North Reading and the commonwealth in
equal shares; provided, however, that the commissioner may agree to
reduce the share of the commonwealth’s proceeds to not less
than 30 per cent of the net proceeds in order to provide certain incentives
to the town of North Reading to sell or lease some or all of the parcels
described in said section 1 expeditiously or to facilitate the development
of some or all of the parcels in accordance with smart growth principles
promulgated from time to time by the governor and the secretary of
energy and environmental affairs. In the event that the net proceeds
as so determined are a negative amount, the commonwealth shall not
be required to make any payments to the town of North Reading. If
the town of North Reading sells or leases any portion of the parcels
described in said section 1, the commissioner shall send a report
to the inspector general detailing the terms of the sale or lease,
any incentives authorized by the commissioner and the commonwealth’s
share of the net proceeds.
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SECTION 4. Notwithstanding any general or special law to the
contrary, the town of North Reading shall pay for all costs and expenses
of the transactions authorized in sections 1 to 3, inclusive, as determined
by the commissioner including, but not limited to, the costs of any
surveys, appraisals, recording fees and deed preparation related to
the conveyances and for all costs, liabilities and expenses of any
nature and kind related to the town’s ownership of the parcels;
provided, however, that such costs may be included for the purposes
of determining the net proceeds of the town’s sale or lease
of any portion of the parcels described in section 1. Amounts paid
by the town of North Reading pursuant to section 2 shall not be included
for the purposes of determining the net proceeds from a sale or lease.
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SECTION 5. (a) If the town of North Reading does not complete a purchase of the property pursuant to section 1 on or before December 1, 2015, then notwithstanding sections 33 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may sell, lease for terms of up to 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in the property described in said section 1 or portions thereof, subject to this section and on such terms and conditions that the commissioner considers appropriate. In making any such disposition pursuant to this section, the commissioner shall use appropriate competitive bidding processes and procedures. At least 30 days before the date on which bids, proposals or other offers to purchase or lease a property, or any portion thereof, are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating the availability of the property, the nature of the competitive bidding process and other information that the commissioner considers relevant, including the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals.
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(b) Notwithstanding any general or special law to the contrary,
the grantee or lessee of all or any portion of the property described
in section 1 and subject to this section shall be responsible for
costs and expenses including, but not limited to, costs, associated
with deed preparation and recording fees related to the conveyances
and transfers authorized in this section as such costs may be determined
by the commissioner.
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(c) The commissioner may retain or grant rights of way or easements
for access, egress, utilities and drainage across any of the parcels
described in section 1 and subject to this section and across other
commonwealth property contiguous to any of the parcels, and the commonwealth
may accept from the town or developer such rights of way or easements
in roadways or across any of the parcels to be conveyed or transferred
for access, egress, drainage and utilities as the commissioner considers
necessary and appropriate to carry out this section.
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(d) No deed or agreement for the sale, lease, transfer or other
disposition of the property or any portion thereof subject to this
section executed by or on behalf of the commonwealth shall be valid
unless the deed or agreement contains the following certification,
signed by the commissioner:
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“I, the undersigned commissioner of capital asset management
and maintenance, hereby certify under penalties of perjury that I
have fully complied with the relevant provisions of general and special
law in connection with the property described in these documents.”
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Approved, August 5, 2015.
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AN ACT AUTHORIZING THE TOWN OF NORTH READING TO CONVEY CERTAIN
PARK LAND
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Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same as follows:
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SECTION 1. Notwithstanding chapter 30B of the General Laws or
any other general or special law to the contrary, but subject to paragraphs
(a), (b) and (g) of section 16 of said chapter 30B, the town of North
Reading may transfer the care, custody and control of all or a portion
of the parcel of land located on Magnolia road and identified on assessors’
map 33, parcel 71, from the board of selectmen for park purposes to
the board of selectmen for general municipal purposes and for the
purpose of conveyance, and the board of selectmen may convey the parcel
of land on such terms and conditions and for such consideration, which
may be nominal consideration, as the board of selectmen deems appropriate.
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SECTION 2. In consideration for the conveyance of the property
described in section 1, the town of North Reading shall transfer a
parcel of land, whether under the care, custody, management and control
of the board of selectmen or another board, to the conservation commission
or parks department and such parcel shall be dedicated for conservation
or park purposes. If no suitable parcel may be transferred, the town
shall acquire a parcel of land or a conservation restriction, as defined
in section 31 of chapter 184 of the General Laws, upon private or
public land. Such land shall be dedicated or restricted to conservation
or park purposes and shall be under the jurisdiction of the conservation
commission or parks department. The parcel dedicated or restricted
pursuant to this section shall be of equal or greater size and value
for conservation, park or water supply purposes when compared to the
parcel described in section 1.
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SECTION 3. This act shall take effect upon its passage.
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Approved, February 5, 2016.
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AN ACT AUTHORIZING THE MASSACHUSETTS WATER RESOURCES AUTHORITY
TO SUPPLY WATER TO THE TOWN OF NORTH READING
Whereas, The deferred operation of this act would tend to defeat
its purpose, which is to authorize the Massachusetts Water Resources
Authority to supply water to the town of North Reading, therefore
it is hereby declared to be an emergency law, necessary for the immediate
preservation of the public health
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. Paragraph (d) of section 8 of chapter 372 of the
acts of 1984, as most recently amended by section 1 of chapter 12
of the acts of 2009, is hereby further amended by inserting after
the word "Northborough", in line 7, the following words:-, North Reading.
SECTION 2. Notwithstanding section 1, the provision of water
services by the Massachusetts Water Resources Authority to the town
of North Reading shall commence only after the board of directors
of the authority has voted approval after having first made the findings
as required by clauses (1) to (6), inclusive, of paragraph (d) of
section 8 of chapter 372 of the acts of 1984 and having made such
other determinations in accordance with applicable policies of the
authority and after all required approvals have been received including,
as applicable, other regulatory bodies where required and the advisory
board of the authority, but section 71 of said chapter 372 shall not
apply.
Approved, January 11, 2017
AN ACT EXEMPTING ALL POLICE OFFICER POSITIONS WITHIN THE POLICE
DEPARTMENT OF THE TOWN OF NORTH READING FROM THE CIVIL SERVICE LAW.
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. Notwithstanding any general or special law to the contrary, all police officer positions, including police chief, within the police department of the town of North Reading shall be exempt from chapter 31 of the General Laws.
SECTION 2. Section 1 shall not impair the civil service status
of a person holding a position as a police officer, including police
chief, in the town of North Reading on the effective date of this
act.
SECTION 3. Pursuant to memoranda of agreement between the town of North Reading and the respective unions representing the patrol officers, sergeants and lieutenants, hiring and promotions that occur after the effective date of this act shall be exempt from chapter 31 of the General Laws but shall be covered by this act, the town charter, the town by-laws and any applicable collective bargaining agreement covering the respective positions of: (1) patrol officers, (2) police sergeants, (3) police lieutenants, (4) police chief; and (5) all other police officer positions within the police department that are authorized to exercise police powers.
SECTION 4. This act shall take effect upon its passage.
Approved, January 12, 2017
AN ACT VALIDATING THE ACTIONS TAKEN AT A CERTAIN TOWN MEETING
HELD IN THE TOWN OF NORTH READING.
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. Notwithstanding section 10 of chapter 39 of the General
Laws or any other general or special law or town by-law or charter
provision to the contrary, all acts, proceedings and votes taken by
the town of North Reading at its fall annual town meeting on October
2, 2017 and all actions taken pursuant thereto are hereby ratified,
validated and confirmed to the same extent as if notice of the meeting
had been published as required by law.
SECTION 2. This act shall take effect upon its passage.
Approved, January 3, 2018.
AN ACT AUTHORIZING THE TOWNS OF ANDOVER AND NORTH READING TO
ENTER INTO AN AGREEMENT FOR THE SUPPLY OF POTABLE WATER.
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. The towns of Andover and North Reading, acting through
their boards of selectmen, may enter into an agreement for the supply
of potable water from the town of Andover to the town of North Reading
subject to any terms and conditions agreed upon by those boards.
SECTION 2. Notwithstanding section 4A of chapter 40 of the General
Laws or any other general or special law to the contrary, any agreement
entered into pursuant to this act may be for a term not to exceed
99 years, including any extension or renewal terms. An agreement entered
into pursuant to this act shall be subject to all other applicable
laws.
SECTION 3. This act shall take effect upon its passage.
Approved June 13, 2018.
AN ACT CHANGING THE DATE OF THE ANNUAL TOWN MEETING OF THE TOWN
OF NORTH READING.
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. Chapter 2 of the charter of the town of North Reading,
which is on file in the office of the archivist of the commonwealth,
as provided in section 12 of chapter 43B of the General Laws, is hereby
amended by striking out section 2-4-1, as appearing in section 1 of
chapter 414 of the acts of 2010, and inserting in place thereof the
following section:-
2-4-1 The first session of the spring annual town meeting shall
meet regularly on any date in June not in conflict with a religious
or legal holiday to consider and adopt an annual operating and capital
budget, and to act on other financial matters, as well as to consider
and act upon such other business as may properly come before the meeting;
and the first session of the fall annual town meeting shall be held
on any date in October not in conflict with a religious or legal holiday
to consider and act on matters of planning, zoning, subdivision control,
building codes and all other matters of a by-law nature, as well as
to consider and act upon such other business as may properly come
before the meeting, including financial matters. The select board
shall, annually, not later than March 31, set the dates of the first
sessions of the June and October annual town meetings at a public
hearing during a regularly scheduled meeting of the board.
SECTION 2. This act shall take effect upon its passage.
Approved August 30, 2018.
AN ACT REVISING THE CHARTER OF THE TOWN OF NORTH READING.
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. Section 1-3-1 of chapter 1 of the charter of the town of North Reading, which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out the words "meeting-selectmen-town" and inserting in place thereof the following words:- meeting-select board-town.
SECTION 2. Section 2-4-8 of chapter 2 of said charter is hereby
amended by striking out the words "board of selectmen" and inserting
in place thereof the following words:- select board.
SECTION 3. Section 2-4-9 of chapter 2 of said charter is hereby
amended by striking out the words "board of selectmen" and inserting
in place thereof the following words:- select board.
SECTION 4. Section 3-1-1 of chapter 3 of said charter is hereby
amended by striking out the words "board of selectmen" and inserting
in place thereof the following words:- select board.
SECTION 5. Section 3-1-4 of chapter 3 of said charter is hereby
amended by striking out the words "board of selectmen" and inserting
in place thereof the following words:- select board.
SECTION 6. Said chapter 3 of said charter is hereby further
amended by striking out section 2 and inserting in place thereof the
following section:-
Section 2 The Select Board
3-2-1 A select board of 5 members shall be elected for 3 year
overlapping terms. The regular election for the office of select board
member shall be held in accordance with chapter 6 of this charter.
Except as otherwise provided in this charter, the select board shall
have all the powers and duties of a board of selectmen pursuant to
the General Laws.
SECTION 7. Section 3-3-1 of said chapter 3 of said charter is
hereby amended by striking out, in the first sentence, the words "board
of selectmen" and inserting in place thereof the following words:-
select board.
SECTION 8. Section 3-4-1 of said chapter 3 of said charter is
hereby amended by striking out, in the first sentence, the words 'board
of selectmen" and inserting in place thereof the following words:-
select board.
SECTION 9. Section 3-5-1 of said chapter 3 of said charter is
hereby amended by striking out the words "board of selectmen" and
inserting in place thereof the following words:- select board.
SECTION 10. Section 3-6-1 of said chapter 3 of said charter
is hereby amended by striking out the words "board of selectmen" and
inserting in place thereof the following words:- select board.
SECTION 11. Section 3-8-4 of said chapter 3 of said charter
is hereby amended by striking out, in the last sentence, the words
"board of selectmen" and inserting in place thereof the following
words:- select board.
SECTION 12. Section 4-1-2 of chapter 4 of said charter is hereby
amended by striking out, in the first sentence, the words "board of
selectmen" and inserting in place thereof the following words:- select
board.
SECTION 13. Section 5-1-1 of chapter 5 of said charter is hereby amended by striking out, in the first and third sentences, the words "board of selectmen" and inserting in place thereof, in each instance, the following words:- select board.
SECTION 14. Said section 5-1-1 of said chapter 5 of said charter is hereby further amended by striking out, in the fourth and sixth sentences, the word "selectmen" and inserting in place thereof, in each instance, the following words:- select board.
SECTION 15. Section 5-2-2 of said chapter 5 of said charter is hereby amended by striking out, in the first and fifth sentences, the words "board of selectmen" and inserting in place thereof, in each instance, the following words:- select board.
SECTION 16. Said section 5-2-2 of said chapter 5 of said charter is hereby further amended by striking out, in the second, third, fourth and sixth sentences, the word "selectmen" and inserting in place thereof, in each instance, the following words:- select board.
SECTION 17. Section 5-2-4 of said chapter 5 of said charter is hereby amended by striking out, in the first sentence, the words "board of selectmen" and inserting in place thereof the following words:- select board.
SECTION 18. Section 5-2-5 of said chapter 5 of said charter is hereby amended by striking out, in the third sentence, the words "Board of Selectmen" and inserting in place thereof the following words:- select board.
SECTION 19. Section 5-2-8 of said chapter 5 of said charter is hereby amended by striking out the word "selectmen" and inserting in place thereof the following words:- select board.
SECTION 20. Section 5-4-1 of said chapter 5 of said charter is hereby amended by striking out, in the first sentence, the word "selectmen" and inserting in place thereof the following words:- select board.
SECTION 21. Said section 5-4-1 of said chapter 5 of said charter is hereby further amended by inserting after the word "the", in the sixth sentence, the first time it appears, the following word:- select.
SECTION 22. Section 5-4-2 of said chapter 5 of said charter is hereby amended by striking out, in the first and second sentences, the word "selectmen" and inserting in place thereof, in each instance, the following words:- select board.
SECTION 23. Section 5-5-1 of said chapter 5 of said charter is hereby amended by striking out, in the first and third sentences, the words "board of selectmen" and inserting in place thereof, in each instance, the following
words:- select board.
SECTION 24. Said section 5-5-1 of said chapter 5 of said charter is hereby further amended by striking out, in the last sentence, the word "selectmen" and inserting in place thereof the following words:- select board members.
SECTION 25. Section 6-2-1 of chapter 6 of said charter is hereby
amended by striking out the words "board of selectmen" and inserting
in place thereof the following words:- select board.
SECTION 26. Section 6-3-2 of said chapter 6 of said charter
is hereby amended by striking out, in the third sentence, the word
"selectmen" and inserting in place thereof the following words:- select
board.
SECTION 27. Section 6-3-4 of said chapter 6 of said charter
is hereby amended by striking out, in the first sentence, the word
"selectmen" each time it appears, and inserting in place thereof,
in each instance, the following words:- select board.
SECTION 28. Section 7-2-2 of chapter 7 of said charter is hereby
amended by striking out, in the first sentence, the words "board of
selectmen" and inserting in place thereof the following words:- select
board.
SECTION 29. Section 7-3-1 of said chapter 7 of said charter
is hereby amended by striking out the words "board of selectmen" and
inserting in place thereof the following words:- select board.
SECTION 30. Section 7-4-1 of said chapter 7 of said charter
is hereby amended by striking out, in the first sentence, the words
"board of selectmen" and inserting in place thereof the following
words:- select board.
SECTION 31. Section 9-3-1 of chapter 9 of said charter is hereby amended by striking out, in the first sentence, the words "board of selectmen" and inserting in place thereof the following words:- select board.
SECTION 32. Said section 9-3-1 of said chapter 9 of said charter is hereby further amended by striking out, in the second and fourth sentences, the word "board" and inserting in place thereof, in each instance, the following words:- select board.
SECTION 33. Section 10-7-1 of chapter 10 of said charter is
hereby amended by striking out, in the first sentence, the words "board
of selectmen" and inserting in place thereof the following words:-
select board.
SECTION 34. Said section 10-7-1 of said chapter 10 of said charter
is hereby further amended by striking out, in the second sentence,
the word "selectmen" and inserting in place thereof the following
words:- select board.
SECTION 35. This act shall take effect upon its passage.
Approved October 11, 2018
