HOUSE DOCKET, NO. 3826 FILED ON: 1/16/2009
HOUSE . . . . . . . . . . . . . . . No. 611
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act creating the Lincoln Park Infrastructure Financing District in the town of Dartmouth ..
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, rule or regulation to the contrary, the town of Dartmouth may establish an infrastructure financing district to be known as the Lincoln Park Infrastructure Financing District.
SECTION 2. This district will consist of approximately 40.9 acres and will have the same or approximately the same boundaries as the Lincoln Park Smart Growth Overlay District as referenced in §7.3.1 of the Town’s Zoning By-Laws.
SECTION 3. This district will assume financial liability for the capital and operating costs associated with certain existing, proposed and future public infrastructure within the boundaries of the district.
SECTION 4. Such public infrastructure may include, but is not necessarily limited to, storm drainage systems, sewage treatment plants, sewers, water and well systems, roads, bridges, culverts, tunnels, streets, sidewalks, lighting, traffic lights, signage and traffic control systems, parking, including garages, public safety and public works buildings, parks, landscaping of public facilities, recreational facilities, transportation stations and related facilities, shuttle transportation and equipment, fiber and telecommunication systems, facilities to produce and distribute electricity, including alternate energy sources such as co-generation and solar installations. The district shall be responsible for payment of all taxes, betterments and fees assessed by the Town or the Commonwealth of Massachusetts as a result of the district’s construction and ownership of any improvements, including public infrastructure it constructs or causes to be constructed within the boundaries of the district, except that there shall not be any tax assessed on water pipes, sewer pipes and streets owned by the district since the value of these improvements is reflected in the assessed value of the abutting properties within the district. Nothing in this Act shall limit, restrict or in any way impair the ability of the Commonwealth or the Town to tax the residents and businesses located in the district or their real or personal property located therein.
SECTION 5. The district may be empowered to purchase, own, maintain, construct, reconstruct and operate such public infrastructure.
SECTION 6. The district may be further empowered to borrow funds for capital improvements and to assess betterments, assessments, special assessments and fees in relation thereto, and to support operating expenses.
SECTION 7. The district may be further empowered to enter into such contracts as may be necessary to carry out the purposes of the district, and to exercise such additional powers as shall be defined in the special act.
SECTION 8. A summary of the proposed legislation, including the boundaries defining this district, is available at the office of the Town Clerk.
SECTION 9. The petition may provide that the General Court may make only clerical or editorial changes to the bill, unless the Select Board approves amendments to the bill before enactment by the General Court.
SECTION 10. Creation of the district shall not adversely affect or otherwise impair the performance of all required actions to satisfy the conditions necessary to develop property within the district under the provisions of the Lincoln Park Smart Growth Overlay District regardless of whether such conditions presently exist or shall exist in the future.
SECTION 11. The Act shall provide that it is enacted by the General Court of the Commonwealth notwithstanding the provisions of any special or general law to the contrary and that said Act shall not be superceded by any special or general law of the Commonwealth unless said special or general law expressly provides that it is superceding the provisions of the act.
SECTION 12. The Town shall be under no obligation to accept or otherwise take ownership of any public improvements constructed by the district and the present intention of the Town is not to accept or otherwise take ownership of any public improvements constructed by the district.