SENATE DOCKET, NO. 2226        FILED ON: 9/9/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2012

The Commonwealth of Massachusetts

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PRESENTED BY:

Harriette L. Chandler

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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 relative to the off-street parking board in the city of Worcester.

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PETITION OF:

SENATE DOCKET, NO. 2226        FILED ON: 9/9/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2012

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to the off-street parking board in the city of Worcester.

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, the off-street parking board of the city of Worcester, originally established under chapter 365 of the acts of 1955, as amended, shall have authority to impose of surcharge to be added to the rate charged for each vehicle using the so-called “CitySquare” garage located underground at the corner of Front Street and Mercantile Street in the city of Worcester.  The board may establish different surcharge rates based upon the length of time a vehicle is parked, whether the vehicle holds a monthly parking pass or is a daily transient parker, or upon such other criteria as it deems reasonable. 

SECTION 2.  The proceeds of any such surcharge shall be credited to a revolving fund which shall be established by the city of Worcester under G.L. c. 44 § 53E ½ and designated the “Worcester Common Environs Programing & Maintenance Revolving Fund.”  Such fund shall be established to maintain the physical infrastructure of the Worcester Common, to program music, dramatic and other public events held on the common, to support the operation of the skating rink in the wintertime, to provide police patrols and security measures, to provide for a capital reserve fund for the repair or replacement of any capital facility, structure or memorial located on the common or to assist in the payment of debts incurred by the sale of bonds and notes sold for purposes consistent with these purposes and backed by the full faith and credit of the city of Worcester.

SECTION 3.  Notwithstanding any provision in G.L. c. 44 § 53E ½ to the contrary, at the close of a fiscal year in which this revolving fund is not reauthorized for the following year, the balance in the fund at the end of the fiscal year shall revert to the off-street parking board for expenditure for the repair or replacement, or related debt service, of any capital facility under the care, custody and control of said board.   

SECTION 4.  Once the revolving fund required by this act is established, the city treasurer of Worcester may accept for deposit into the revolving fund any grants or gifts of funds from any charitable foundation, private corporation, or individual, or from the commonwealth, without the formal acceptance otherwise required by G.L. c. 44 § 53A, provided that notice of any such gift or grant is publically made to the city council of Worcester.

SECTION 5.  Notwithstanding any general or special law or regulation to the contrary, the revenues generated by the surcharge authorized by this act shall not be considered as “project revenues” governed by any district improvement financing plan approved under G.L. c. 40Q.

SECTION 6.  This act shall take effect upon the sooner of the opening of the garage for public use or its passage and any revenue generated during the initial fiscal year of operation shall be considered a “new revenue source” under G.L. c. 44 § 53E ½.