AN ACT AUTHORIZING THE ESTABLISHMENT OF THE LAWRENCE MUNICIPAL AIRPORT ENTERPRISE COMMISSION.
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 general court finds:
(a) that there exists within the town of North Andover certain real property owned by the city of Lawrence, by and through the Lawrence Municipal Airport Commission, which real property is surplus to the needs of the Lawrence Municipal Airport Commission and the Federal Aviation Administration;
(b) that such surplus real property is a significant resource which, if returned to productive economic use, would contribute to the provision of gainful employment, additional economic opportunities for persons at all incomes, increased revenue for the city of Lawrence, the town of North Andover and the commonwealth;
(c) that the sale, lease, development or disposition of such real property is a valid public purpose; and
(d) the purpose of the commission created by this act is to aid in the speedy and orderly redevelopment of such surplus real property in order to prevent blight, economic dislocation and additional unemployment.
SECTION 2. There is hereby created a body politic and corporate, to be known as the Lawrence Municipal Airport Enterprise Commission, to carry out the provisions of this act. The commission is hereby deemed to be a public instrumentality. The primary purpose of the commission is to secure the redevelopment of the surplus real property located at the Lawrence Municipal Airport to the greatest benefit of the city of Lawrence and the town of North Andover. The commission shall be responsible for assessing, collecting and distributing all real estate taxes to the city of Lawrence and the town of North Andover in accordance with the tax revenue sharing plan in section 7.
SECTION 3. As used in this act, the following words shall, unless the context requires otherwise, have the following meanings:
"Agency", the Massachusetts Development Finance Agency, a Massachusetts body politic, created under chapter 23G of the General Laws.
"City", the city of Lawrence, acting through its mayor and city council.
"Commission", the Lawrence Municipal Airport Enterprise Commission.
"Directors", the board of directors of the Lawrence Municipal Airport Enterprise Commission.
"Surplus Development Parcel", the lands, including all easements, reservations and rights appurtenant thereto, and all buildings, structures, utilities and improvements located thereon comprising that portion of the Lawrence Municipal Airport, declared to be surplus, consisting of approximately 49 acres of land, more or less, as shown on a plan approved by the city of Lawrence.
"Lawrence Municipal Airport", that certain municipal airport owned and operated by the city of Lawrence and located within the town of North Andover.
"Project", the development, improvement, construction, expansion, reduction, destruction, renovation of all real property and buildings and structures located or to be located on the surplus development parcel.
"Tax Revenue Sharing Plan", that plan approved by the city of Lawrence, town of North Andover and the commissioner of revenue, as further described and set forth in section 7.
"Town", the town of North Andover, acting through its town manager and board of selectmen.
SECTION 4. The city and town are hereby authorized to organize and create the Lawrence Municipal Airport Enterprise Commission, a public body politic and corporate. The commission shall be managed by a board of directors consisting of six directors: the mayor, treasurer and a member of the city council of the city and the manager, finance director and a member of the board of selectmen of the town. The city councilor shall be chosen by a majority vote of the Lawrence city council, and the selectman shall be chosen by a majority vote of the North Andover board of selectmen. Directors shall serve without compensation but may be reimbursed for direct expenses necessarily incurred in the performance of their duties. The mayor of the city shall serve as chairman. The directors shall elect from among themselves a secretary. The secretary shall be the custodian of all books, documents and papers of the commission and of its minute book and seal. Unless otherwise provided in the by-laws to be adopted by the directors, the number of directors required to constitute a quorum shall be a majority of the directors then in office. If a quorum is present, a majority of the directors present may take any action on behalf of the board of directors except to the extent that a larger number is required by this section, other applicable laws or by-laws adopted by the directors.
SECTION 5. (a) The commission shall, subject only to the restrictions and limitations hereinafter contained, have the following powers for the purpose of developing the surplus development parcel:
(1) to sue and be sued in its own name and plead and be impleaded;
(2) to adopt rules, by-laws and regulations for the regulation of its affairs and the conduct of its business, and to alter the same;
(3) to receive and accept from any federal agency or the commonwealth: grants, loans or advances for or in aid of the project, and to receive and accept contributions from any source of either money, property, labor or other things of value, to be held, used and applied for the purposes for which such grants, loans, advances and contributions may be made;
(4) to borrow money and to borrow money against its income stream as well as its assets, and from time to time, to make, accept, endorse and execute promissory notes, bills of exchange, and other obligations of the commission, for moneys borrowed or in payment for property acquired or for any of the other purposes of the commission, and to secure the payment of such obligations by mortgage, pledge, deed, indenture, agreement, or other instrument of trust, or by other lien upon, assignment of, or agreement in regard to all or any part of the property, rights or privileges of the commission;
(5) to provide such advisory services and technical assistance as may be necessary or desirable to carry out the purposes of this act;
(6) to acquire and hold by bequest, devise, grant, gift, purchase, exchange, lease, judicial order or decree, or otherwise, for any of its objects and purposes, any property, either real or personal, or any interest therein, on such terms and conditions and in such manner as it may deem proper;
(7) to procure insurance against any loss in connection with the surplus development parcel and in such amounts and from such insurers as it deems desirable; and
(8) to arrange or contract with the city or town for the planning, replanning, opening, grading, or closing of streets, roads, alleys, or other places or for the furnishing of facilities or for the acquisition by the city or town of property or property rights for the furnishing of property or services in connection with the project.
(b) The chairman shall, subject only to the restrictions and limitations hereinafter contained, have the following powers for the purpose of developing the surplus development parcel:
(1) to make and enter into all contracts and agreements necessary or incidental to the performance of her duties and the execution of her powers under this act, and to employ consulting engineers, superintendents, managers, and such other engineers, construction and accounting experts and attorneys and such other employees, agents and consultants as may be necessary in her judgment, and to fix their compensation;
(2) to engage in or contract for the construction, reconstruction, development, redevelopment, rehabilitation, remodeling, alteration or repair thereof of the surplus development parcel;
(3) to sell, convey, mortgage, lease transfer, option, exchange or otherwise dispose of, any property, either real or personal, or any interest therein, as the objects and purposes of the commission may require, subject to such limitations as may be prescribed under this act or applicable law;
(4) to make certain use restrictions concerning the future use and development of the project in accordance with the town zoning regulations.
Subject to the other provisions of this section, the commission shall use or distribute all property from time to time held by the commission solely in the furtherance of its corporate purposes in such manner as the chairman shall determine; no part of the assets or net earnings, if any, of the commission shall inure to the benefit of, or be distributable to, its directors or any private individual except that the commission shall be authorized and empowered to pay a reasonable compensation for services rendered and to make payments and distributions in furtherance of its purposes hereunder and the commission shall not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office.
SECTION 6. The commission and the chairman shall work cooperatively with the agency, the Lawrence Municipal Airport Commission, the Massachusetts Aeronautical Commission and the Federal Aviation Commission in carrying out its respective duties and obligations under this act.
SECTION 7. The commission shall, with the assistance of the city, town, the commissioner of revenue and the agency, determine a plan for the assessment, collection and abatement of real property taxes in the surplus development parcel. The tax revenue sharing plan shall provide for the imposition, levy, collection and disbursement of reasonable assessments, rates, and property taxes upon areas lying within the surplus development parcel. The commission shall establish a property tax rate for businesses located within the surplus development parcel, based on a rate which blends the business tax rates or equivalent thereof then applicable in the city and town. The city and town shall not be entitled to assess any fees or taxes on property, persons or businesses located in said surplus development parcel unless the city or town has by agreement with the commission undertaken to issue specific licenses and permits to persons, businesses or other entities within the surplus development parcel. In such cases, the city or town issuing said licenses or permits may assess and collect a reasonable fee for the issuance of such licenses and permits from the licensees or permittees.
Upon approval of the tax revenue sharing plan by the commissioner of revenue and review by the agency, the commission shall exercise all the powers granted to cities and towns to enable the imposition, levy, collection and disbursement of such taxes on property, persons or businesses located in the surplus development parcel. All such taxes collected by the commission shall be dispersed to the city and town in accordance with the following formula:
Of the amount of revenues collected, the first $62,500 shall be paid to the town; provided, however, that said dollar amount shall be increased annually thereafter by the commission by a percentage amount equal to the percentage increase in the most recent Consumer Price Index for Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor. In return for said payment, the town shall accept roads and utilities as public ways and public utilities, and shall perform all municipal functions including maintenance, repairs, replacement of road and utility systems. In addition, the town shall provide public safety services including police, fire and EMT services. Any funds collected in excess of said amount shall be paid 50 per cent to the city and 50 per cent to the town.
This formula may be revised from time to time with the prior approval of the city, town, the commissioner of revenue and review by the agency.
SECTION 8. The commission shall keep an accurate account of all its activities and all receipts and expenditures, prepare annual reports of its activities in the surplus development parcel during the preceding fiscal year and submit such reports to the city, town, and agency, and such other entities as may be required under applicable federal and state laws.
SECTION 9. (a) Unless otherwise extended by operation of subsection (b), the commission shall be dissolved no later than the last day of the fiftieth year following the effective date of this act; (b) at least 24 months prior to the termination date of said commission, unless any matter which would otherwise be addressed therein requires earlier agreement between the city and town, the city and town shall enter into an intermunicipal agreement in accordance with section 4A of chapter 40 of the General Laws or other such similar statute, which among other things, shall provide for the following: (i) the disposition of all real and personal property located within the surplus development parcel which the commission owns or has any interest in on the date of termination; (ii) the assumption of all contractual obligations including all lease agreements of said commission which do not expire on the date of termination; (iii) the assessment, collection and distribution of tax and nontax revenue to the city and town in accordance with section 7; (iv) the arrangement for the provision of, and reimbursement for, municipal services furnished to the surplus development parcel by the city or town; and (v) resolution of any other matters relating to said commission which the city and town determine to be in their best interest.