HOUSE DOCKET, NO. 4055        FILED ON: 1/16/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3862

The Commonwealth of Massachusetts

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PRESENTED BY:

Danielle W. Gregoire

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act establishing a parks & fields capital enhancements special revenue fund in the city of Marlborough.

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PETITION OF:

HOUSE DOCKET, NO. 4055        FILED ON: 1/16/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3862

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act establishing a parks & fields capital enhancements special revenue fund in the city of Marlborough.

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 fifty-three of chapter forty-four of the General

Laws or any other general or special law to the contrary, the city of Marlborough shall

establish in the city treasury a special revenue account to be known as the Parks & Fields

Capital Enhancements Special Revenue Fund, into which shall be deposited certain

receipts comprising a portion of the total local meals tax received annually by the city

under section two of chapter sixty-four L of the General Laws, as provided in section 2

herein. The purpose of this act, and of the Parks & Fields Capital Enhancements Special

Revenue Fund, shall be to enrich the quality of life for the residents by enhancing the

parks and fields in the city of Marlborough.

SECTION 2. (a) Notwithstanding any general or special law to the contrary, the amount

of the local option meal tax based on a rate in excess of 6.25 percent collected under said

section two of said chapter sixty-four L by the city of Marlborough for the fiscal year

beginning July l, 2014 and each fiscal year thereafter shall be credited to the Parks &

Fields Capital Enhancements Special Revenue Fund, and shall be subject to further

appropriation by a majority vote of the city council of the city of Marlborough.

(b) Notwithstanding any general or special law to the contrary, any interest accruing on

any amount on deposit in the Parks & Fields Capital Enhancements Special Revenue

Fund shall be credited to the General Fund of the city of Marlborough.

SECTION 3. Nothing in or resulting from this act shall affect amounts distributed in any

fiscal year to the city of Marlborough from the Local Aid Fund.

SECTION 4. If the city of Marlborough revokes, by a majority vote of the city council of

the city, pursuant to section four B of chapter four of the General Laws, its acceptance of

the local option meals tax rate in excess of 6.25 percent under said section two of said

chapter sixty-four L, the city of Marlborough shall thereupon decide, by a two-thirds vote

of the city council of the city, the separate question of whether the Parks & Fields Capital

Enhancements Special Revenue Fund shall cease to have effect in the city. If two-thirds

of the city council of the city votes that the Parks & Fields Capital Enhancements Special

Revenue Fund shall cease to have effect in the city, all unexpended and uncommitted

amounts on deposit in said Fund, as of the date of the vote to revoke the rate in excess of

6.25 percent, shall be credited to the General Fund• of the city on the first day of the

calendar quarter following 30 days after the date of the revocatory vote, provided,

however, that if two-thirds of the city council of the city does not vote that the Parks &

Fields Capital Enhancements Special Revenue Fund shall cease to have effect in the city,

said Fund shall continue to have effect in the city, and all unexpended and uncommitted

amounts on deposit in the fund, as of the date of the vote to revoke the rate in excess of

6.25 percent, shall be subject to further appropriation by a majority vote of the city

council of the city of Marlborough.

SECTION 5. The city of Marlborough may amend this act by a two-thirds vote of the

city council of the city of Marlborough. Such amendatory vote shall designate: (a) that

the Parks & Fields Capital Enhancements Special Revenue Fund shall cease thereupon to

have effect in the city of Marlborough; (b) that all unexpended and uncommitted amounts

on deposit in the Parks & Fields Capital Enhancements Special Revenue Fund, as of the

date of the amendatory vote, shall forthwith be credited to the General Fund of the city of

Marlborough; and (c) that the portion of the total local option meals tax in excess of 6.25

percent received annually by the city of Marlborough under said section two of said chapter sixty-four Land theretofore credited to the Parks & Fields Capital Enhancements

Special Revenue Fund, as set forth in section 2 herein, shall thereafter be credited to the General Fund of the city of Marlborough.

SECTION 6. This act shall take effect upon its passage.