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Session Law

2004

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Chapter 53 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. Section 2 of chapter 365 of the acts of 1955 is hereby amended by striking out the second and third paragraphs and inserting in place thereof the following 2 paragraphs:-

The off-street parking board of the city of Worcester may establish the rates and charges for the use of the off-street parking facilities, structures and garages, placed under its care, custody and control by the city manager and city council of the city. The board may delegate the authority to fix the rates and charges, in whole or in part, to any individual or entity which operates or manages any such off-street parking facility under a contract awarded by the city of Worcester. The board shall ensure that any rates and charges set under authority of this act shall carry out the purposes of this act, be reasonably competitive with the rates charged by other off-street parking facilities and shall generate revenues to meet all costs associated with the construction, operation, maintenance and repair of all off-street parking facilities, which costs shall include debt service, any insufficiency accumulated in prior fiscal years and a reserve for placement not exceeding 5 per cent of the revenue generated by a municipal parking facility in any fiscal year. Revenue generated in excess of said amounts shall be considered excess revenue. Receipts from the operation of off-street parking facilities, including any parking meters installed in off-street parking areas, which have been placed under the care and custody of the board shall be considered to be off-street parking receipts and shall be collected and deposited with the city treasurer, who shall keep the same in a separate account known as the off-street parking fund to be expended in accordance with law. If in any year such receipts are insufficient to meet the costs incurred by the board, the city of Worcester shall transfer the amount of the insufficiency from available funds, including the parking meter fees fund, any other provision of law to the contrary notwithstanding.

In the event that any off-street parking facility acquired or constructed by the Worcester redevelopment authority as part of any urban renewal project for which said authority shall have received funding from the city of Worcester shall be conveyed to the city and placed under the care, custody and control of the board, the city of Worcester may transfer any amount of excess revenue generated by the facility from the off-street parking fund to the general fund of the city to recover any amount certified by the city auditor of the city of Worcester as provided by the city to the authority for urban renewal purposes and not otherwise repaid to the city by state or federal grants.

SECTION 2. Section 3 of chapter 365 of the acts of 1955 is hereby amended by striking out, in lines 8 and 9, the words "for the awarding of contracts under section twenty-eight of chapter forty-three" and inserting in place thereof the following words:- by chapter 30B.

SECTION 3. Said section 3 of said chapter 365 is hereby further amended by inserting after the first sentence the following sentence:- In the event that the city of Worcester acquires a parking structure, garage or facility from the Worcester redevelopment authority, nothing in this act or any other general or special law shall prevent the assignment of an existing contract for the operation and management of the facility from the authority to the city.

SECTION 4. Section 4 of said chapter 365, as most recently amended by chapter 58 of the acts of 1970, is hereby further amended by striking out, in line 4, the words "seven million dollars" and inserting in place thereof the following words:- 1/2 of 1 per cent of the equalized valuation of the city of Worcester, as may be determined from time to time by the department of revenue.

SECTION 5. Said chapter 365 is hereby further amended by striking out section 5 and inserting in place thereof the following section:-

Section 5. The term "off-street parking facilities" shall mean any lot, structure, garage or other real or personal property designed or used for the purpose of, or associated with, parking motorized vehicles which are placed under the control of the off-street parking board by vote of the city council upon the recommendation of the city manager.

SECTION 6. Section 1 of chapter 342 of the acts of 2002 is hereby amended by adding the following sentence:- Nothing in this act shall prevent the city from exercising authority expressly provided by the General Laws to establish fines for specific parking violations exceeding $50 or to increase the fine by $5 if not paid within 21 days and by an additional $15 if not paid when the parking clerk notifies the registrar of motor vehicles of the unpaid violation.

SECTION 7. This act shall take effect upon its passage.

Approved April 1, 2004.

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