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Session Laws

1986

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CHAPTER 607 AN ACT ESTABLISHING A SPECIAL ACCOUNT FOR THE WOLLASTON RECREATIONAL FACILITY.

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 the provisions of chapter thirty-four and chapter thirty-five of the General Laws, or any other provision of law to the contrary, Norfolk county with the approval of the advisory board on county expenditures for said county is hereby authorized to establish a special account to be known as the "Wollaston Recreational Facility Operations Account". Into such account shall be deposited all receipts, revenues and funds from any source derived from any activity of the Wollaston recreational facility together with the insurance or other proceeds from any and all claims made by the said county against third parties for damages of any nature to any portion of the facility or its attendant structures; specifically excluded herefrom are any and all funds received by, or paid to, the golf professional or tennis professional for services rendered, or for merchandise sold, or leased, by them in the normal course of their business and duties; further specifically excluded herefrom are any and all funds received by the lessee of any restaurant, lounge or other area at the facility for food, beverages or merchandise of any nature sold, or for any other services rendered, by said lessee under the terms of any such lessee's leasehold agreement with Norfolk county.

SECTION 2. The account authorized by section one of this act shall be maintained by the county treasurer, in accordance with the provisions of section ten of chapter thirty-five of the General Laws, shall be the custodian of said account, in a banking institution in said county and expenditures from such account shall be made, subject to appropriation by the advisory board on county expenditures, by the county treasurer whenever any such expenditures are requested in writing by the county commissioners; all such expenditures shall be made as aforesaid at the direction of the county commissioners, subject to appropriation by the advisory board on county expenditures, and shall be used for, applied to, the conduct, operation, upkeep or maintenance of any and all aspects of said facility; for the purchase, maintenance or repair of equipment of any kind which may be necessary or desirable for the conduct or operation of said facility; for any necessary or desirable capital improvement or for the construction, reconstruction, repair or maintenance of any portion of the facility, including any and all buildings or structures of any nature thereon; for the accumulation of a capital reserve account; or for any other purpose which in the opinion of the county commissioners may be necessary or desirable for, and in any manner related to, the present or prospective operation and functioning of said facility. Such account shall be maintained in accordance with generally accepted principles of accounting, and shall be audited annually by a certified public accountant. Such annual audits shall be performed at the direction of the county commissioners and submitted to the county commissioners and to the county treasurer and to the county advisory board. The county commissioners shall be authorized to instruct the county treasurer to invest and the county treasurer shall at such direction of the county commissioners, invest the monies or any portion of the monies, received pursuant hereto, in such special account or accounts as the county commissioners may deem necessary and proper in the furtherance of the purposes of this act or for the proper functioning of the said facility, and the interest accruing on any and all such accounts shall inure to the benefit of Wollaston recreational facility and shall be includable in the funds of the Wollaston recreational facility operations account. For the purpose of providing recreational services and facilities for the citizens of Norfolk county, particularly, and of the commonwealth generally, the said county may from time to time appropriate in the manner provided by law, monies into said account and may receive and deposit donations from private sources directly into such special account.

SECTION 3. Nothing contained herein shall in any manner prohibit Norfolk county from obtaining at any time either a specific or a general appropriation for use and expenditure by the said county in accordance with the terms of any such appropriation and in further accordance with the purposes set forth in chapter seven hundred and thirty-six of the acts of nineteen hundred and seventy-two. Any such appropriation obtained by said county shall, however, neither be added to, nor in any manner cause a reduction in, the Wollaston recreational facility operations account established hereunder.

SECTION 4. The county treasurer of Norfolk county shall, upon the request of the county commissioners of Norfolk county, borrow upon the credit of said county in anticipation of the receipt of revenues from the operation of the said Wollaston recreational facility, monies in such amounts and for such periods of time as the county commissioners of Norfolk county may from time to time order and direct, and the monies realized from any such borrowings shall be deposited into said account established under section one. The aggregate of outstanding borrowings shall not, at any given time, exceed twenty-five per cent of the total gross revenue realized by said county from the operation of the Wollaston recreational facility in the prior fiscal year.

SECTION 5. The county commissioners of Norfolk county shall file with the advisory board and the treasurer, and with the bureau of accounts, a written report of the special account established in section one of this act 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 properties of said Wollaston recreational facility. The county advisory board may review and comment upon such report and the county advisory board may file such comment with the county commissioners, the county treasurer and with the bureau of accounts. The county commissioners shall annually, not later than sixty days prior to the expiration of each fiscal year, submit to the advisory board a budget in such form as the advisory board may approve. The advisory board may review and comment on such budget and may file such review and comment with the county commissioners.

SECTION 6. Except as specifically abrogated herein, nothing in this act shall in any manner affect or alter the applicability to the operation and management of the Wollaston recreational facility of all existing rules and regulations presently governing the management of county affairs generally, as it is the intention of this act that such rules and regulations continue to apply to the operation and management of the Wollaston recreational facility.

SECTION 7. This act shall take effect as of July first, nineteen hundred and eighty-six.

Approved December 16, 1986.