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  • Acts
  • 1997
  • Chapter 236 AN ACT RELATIVE TO THE FRANKLIN COUNTY REGIONAL HOUSING AND REDEVELOPMENT AUTHORITY.

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. The first paragraph of section 1 of chapter 956 of the acts of 1973 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There is hereby created in Franklin county, hereinafter referred to as county, a public body politic and corporate to be known as the Franklin County Regional Housing and Redevelopment Authority, hereinafter referred to as the authority.

SECTION 2. Section 2 of said chapter 956 is hereby amended by striking out the first paragraph, as amended by section 1 of chapter 73 of the acts of 1975, and inserting in place thereof the following paragraph:-

Notwithstanding the provisions of section 3A of chapter 121B of the General Laws, and except as may otherwise be provided herein, and notwithstanding the existence of a local housing or redevelopment authority organized in any town, the authority shall be deemed to be, and within every town in the county, shall have the rights, powers and obligations of, a housing authority and a redevelopment authority organized under the provisions of said chapter 121B, except with respect to any project or activity heretofore undertaken on a particular site or location by a local housing or redevelopment authority organized in a town. Every town in the county shall have the same rights, powers, and obligations with respect to projects and activities of the authority in such town as are provided in said chapter 121B for a city or town in which a housing authority or a redevelopment authority has been created.

SECTION 3. The second paragraph of said section 2 of said chapter 956 is hereby amended by striking out the first sentence, as amended by section 2 of said chapter 73, and inserting in place thereof the following sentence:- In addition, any local housing or local redevelopment authority organized in a town within the county, whether organized prior to or subsequent to the creation of the authority by this act, shall have the rights, powers, and obligations of a housing or redevelopment authority respectively under said chapter 121B, except with respect to any project or activity heretofore undertaken on a particular site by the said regional housing and redevelopment authority.

SECTION 4. The third paragraph of said section 2 of said chapter 956 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The relationship within any town between the authority and any local housing or local redevelopment authority regarding operating procedures and management of projects or programs shall be as specified in any resolution approved as provided in section 3 and on matters not covered by such resolution, shall be as mutually agreed upon by the two authorities, or in the absence of such agreement, as shall be determined by the department, not inconsistent with the department's regulations.

SECTION 5. Said section 2 of said chapter 956 is hereby further amended by striking out the fourth paragraph, as amended by section 1 of chapter 509 of the acts of 1979, and inserting in place thereof the following paragraph:-

The authority shall annually make a report of its activities, receipts, and expenditures to the commissioner, to the department, to the state auditor, and to the selectmen and housing or redevelopment authority, if any, of each of the towns in the county, in accordance with the provisions of section 29 of said chapter 121B. The Franklin County Regional Housing and Redevelopment Authority, in addition to the powers conferred upon it by said chapter 121B shall have the power to make grants or loans, including loans secured by real estate mortgages, to private property owners for rehabilitation or creation of housing units for low and moderate income persons.

SECTION 6. The first paragraph of section 3 of said chapter 956 is hereby amended by striking out the first four sentences and inserting in place thereof the following four sentences:- Prior to taking, purchasing, or otherwise acquiring the fee in any real property, the authority shall submit a resolution authorizing such acquisition to, in the case of property sought to be acquired for a housing project or activity, to the housing authority of the town in which the real property is located, or in the case of an urban renewal project or activity or other activity to be undertaken pursuant to its own powers as a redevelopment authority, to the redevelopment authority of the town in which the real property is located, or if no housing or redevelopment authority, as the case may be, has been organized in said town, to its board of selectmen. No such taking, purchase or acquisition shall be completed until 30 calendar days have elapsed following the approval of such resolution by the local housing or redevelopment authority, or selectmen, as the case may be, or unless approved by a vote of town meeting as provided below. Upon the expiration of 30 calendar days from the date of submittal without either approval or disapproval by the housing authority or redevelopment authority, or selectmen, as the case may be, the resolution shall be deemed approved. The local housing authority, redevelopment authority or selectmen shall include in their consideration of each such resolution the housing or redevelopment needs, the consistency of the proposed action with local plans, and the health, safety, welfare and convenience of all the persons residing in the town.

SECTION 7. The second paragraph of said section 3 of said chapter 956 is hereby amended by inserting after the word "authority", in line 3, the following words:- , local redevelopment authority.

SECTION 8. This act shall take effect upon its passage.

Approved December 24, 1997.