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 any general or special
law to the
contrary, including without limitation section 3 of chapter 40 of the
General Laws, the town manager of the town of Arlington, on behalf of the town,
may lease for a period not to exceed 20 years, the hereinafter
described parcels of land or portions of buildings, including any appurtenant
air rights, to wireless communications companies for the erection of wireless
antennas or related structures, after compliance with
chapter 30B of the General Laws, including that described portion of Hurd
Field, presently dedicated to park and playground use, said properties to
include the following:
(1) Arlington High School, main building roof
and cupola and a specific area within the building.
(2) Hurd Field, said area to be identified and
approved by the park and recreation commission.
(3) Central Fire Station, located at 411 Massachusetts Avenue, hose tower,
roof, and
specific area within the building.
SECTION 2.
Notwithstanding the provisions of any general or special
law to the contrary,
including without limitation, the provisions of section 3 of chapter 40 of
the
General Laws, all proceeds for lease or leases of property leased by the
town of Arlington to telecommunication companies for the erection of wireless
antennas or related structures shall be devoted to the care, maintenance,
upkeep or enhancement of park, playgrounds, or other open space in town. The
treasurer of the town of Arlington is hereby authorized to keep
said proceeds in a separate account and may invest and reinvest same with any
interest from same to be returned to said account. Any annual or special town
meeting of the town of Arlington may appropriate said funds for such previously
described use, but only for such use, unless by two-thirds vote of said town
meeting, another use is voted. The town treasurer shall make an annual
accounting of the funds in said account at each subsequent annual town meeting.
Any rental proceeds in excess of $250,000 in any given fiscal year will be
deposited into the available funds of the town and be available for any purpose
as voted by the town. The authority for the fund established under this
article will expire ten years from its establishment and any future rental
proceeds will be deposited into the available funds of the town and will be
available for any purpose voted by the town.
SECTION 3. This act shall take effect upon its passage.
Approved March 6, 1998.