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Session Law

2004

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Chapter 383 AN ACT CREATING A COMMUNITY AND ECONOMIC DEVELOPMENT AUTHORITY IN THE TOWN OF WAREHAM.

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. Section 4 of chapter 270 of the acts of 1977 is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following paragraph:-

There is hereby established a Community and Economic Development Authority of the town, hereinafter referred to as the authority, which shall be an operating agency and an urban renewal agency within the meaning of chapter 121B of the General Laws. The powers of the authority under said chapter 121B shall be exercised in conformity with the restrictions contained in the act. The authority shall be managed, controlled and governed by a board of officers, comprised of 7 members, to be appointed by the board of selectmen to 3 year terms, but the original appointments shall be arranged so that as nearly as possible the terms of 1/3 of members expire each year. The town administrator, the town planner and any other town officer may attend and speak at all meetings of the board, but may not vote. In making appointments to the board of officers, the board of selectmen shall appoint members to be representative of disparate social and economic segments of the town considering such factors as income, ethic heritage, racial origin, age and sex. The members of the board shall not receive any expenses for their service on the board, except for any actual expenses, subject to the approval of the board of selectmen. Any officer of the board may be removed for cause in accordance with the town charter as on file with the state secretary in accordance with chapter 43B of the General Laws. Upon appointment of the members of the board, the town clerk shall forthwith file a certificate of their appointments with the department of housing and community development and a duplicate thereof in the office of the secretary of state, who shall thereupon issue to the authority a certificate of organization as provided in chapter 121B of the General Laws.

SECTION 2. Said chapter 270 is hereby further amended by striking out section 7 and inserting in place thereof the following section:-

Section 7. The board of selectmen shall establish an economic advisory council and a community development advisory council to advise the board of officers created pursuant to section 4, each to consist of 5 members to be appointed by the board of selectmen for terms of 3 years. In making appointments to the board of officers, the board of selectmen shall appoint members to be representative of disparate social and economic segments of the town considering such factors as income, ethic heritage, racial origin, age and sex, and further, such appointments may include persons who are from business organizations, and town officials. Initial appointments to the councils shall be arranged so that as nearly as possible the terms of 1/3 of the members expire each year. Any advisory council members may be removed in accordance with the town charter as on file with the state secretary pursuant to section 12 of chapter 43B of the General Laws. Each advisory council shall meet at least 4 times yearly, provided that 1 such meeting shall be a joint meeting of both advisory councils and the board of officers, and shall publish notice of each such meeting at least 7 days before the meeting in a newspaper of general circulation in the town. The advisory councils may provide advice on various issues such as pending grant applications with community or economic development components, performance on past or present community development grants, and proposed uses of available community or economic development funds. Each advisory council shall provide the other advisory council and the board of officers with a copy of the minutes of each meeting held, and shall also file such minutes with the town clerk.

SECTION 3. Section 8 of said chapter 270 is hereby amended by adding the following sentence:- Notwithstanding this section or any other provision of this act to the contrary, to the extent permitted by law, the board of selectmen may by majority vote delegate to the town administrator any of its responsibilities under the act that may be consistent with the town administrator's authority under the town charter, as on file with the state secretary in accordance with the requirements of section 12 of chapter 43B of the General Laws.

SECTION 4. There shall be in the town of Wareham a Community and Economic Development Authority, in this act called the authority, which shall exercise the function, duties and responsibilities and have the authority of the community development authority, as set forth in sections 4 and 5 of chapter 270 of the acts of 1977, and the Economic Development Industrial Corporation, established by vote of the November 28, 1972 town meeting pursuant to section 3 of chapter 121C of the General Laws, as well as those powers conferred directly on such authorities pursuant to chapters 121B and 121C of the General Laws. References in chapter 270 of the acts of 1977 to the "community development authority of the town" or the "authority" shall be considered to refer to the authority established by this act. Upon the effective date of this act, the assets and liabilities of the community development authority and the economic development industrial corporation shall be transferred by operation of law to the authority, and the community development authority and economic development industrial corporation shall thereupon be abolished. The authority shall be deemed for all intents and purposes to be successor in interest to the community development authority created by chapter 270 of the acts of 1977 and the economic development industrial corporation created by vote of the November 28, 1972 town meeting.

SECTION 5. The department of community development established by sections 1 to 3, inclusive, of chapter 270 of the acts of 1977, and the powers and responsibilities and functions of the department of community development, including those of the director of the department, may be reorganized pursuant to the town charter, as on file with the secretary of the commonwealth in accordance with section 12 of chapter 43B of the General Laws.

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

Approved October 29, 2004.

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