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  • Acts
  • 2014
  • Chapter 55 AN ACT ESTABLISHING A PARKS AND FIELDS CAPITAL ENHANCEMENTS SPECIAL REVENUE FUND IN THE CITY OF MARLBOROUGH

     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.  (a) Notwithstanding section 53 of chapter 44 of the General Laws or any other general or special law to the contrary, the city of Marlborough shall establish in the city treasury a special revenue account to be known as the Parks and Fields Capital Enhancements Special Revenue Fund, into which shall be deposited certain receipts comprising a portion of the total local meals tax received annually by the city under section 2 of chapter 64L of the General Laws, as provided in subsections (b) and (c). The funds shall be used to enhance the parks and fields in the city of Marlborough.
     (b)  Notwithstanding any general or special law to the contrary, the amount of the local meals tax based on a rate in excess of 6.25 per cent collected under said section 2 of said chapter 64L by the city for the fiscal year beginning July l, 2014 and each fiscal year thereafter shall be credited to the fund and shall be subject to further appropriation by a majority vote of the city council.
     (c)  Notwithstanding any general or special law to the contrary, any interest accruing on any amount on deposit in the fund shall be credited to the General Fund of the city of Marlborough.
     (d)  Nothing in this act shall affect amounts distributed in any fiscal year to the city from the Local Aid Fund.
     (e)  If, by a majority vote of the city council pursuant to section 4B of chapter 4 of the General Laws, the city revokes its acceptance of the local meals tax rate in excess of 6.25 per cent under said section 2 of said chapter 64L, the city shall decide by a 2/3 vote of the city council whether the fund shall cease to have effect. If 2/3 of the city council votes that the fund shall cease to have effect, all unexpended and uncommitted amounts on deposit in the fund as of the date of the vote to revoke the rate in excess of 6.25 per cent shall be credited to the General Fund of the city on the first day of the calendar quarter following 30 days after the date of the revocatory vote; provided, however, that if 2/3 of the city council does not vote that the fund shall cease to have effect, the fund shall continue to have effect and all unexpended and uncommitted amounts on deposit in the fund as of the date of the vote to revoke the rate in excess of 6.25 per cent shall be subject to further appropriation by a majority vote of the city council.
     (f)  The city may close the fund by a 2/3 vote of the city council. The vote to close the fund shall designate: (i) that the fund shall cease to have effect; (ii) that all unexpended and uncommitted amounts on deposit in the fund as of the date of the vote shall immediately be credited to the General Fund of the city; and (iii) that the portion of the total local meals tax in excess of 6.25 per cent received annually by the city under said section 2 of said chapter 64L and credited to the fund as set forth in subsections (b) and (c) shall be credited to the General Fund of the city.
     SECTION 2.  This act shall take effect upon its passage.

Approved, March 24, 2014.