AN ACT REGULATING REAL ESTATE ACQUISITIONS FOR AND FUNDING OF CAPITAL PROJECTS AT NANTUCKET AIRPORT IN THE TOWN OF NANTUCKET.
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 2.1 of article II of the charter of the town of Nantucket, which is on file in the office of the archivist of the commonwealth as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
Notwithstanding the foregoing, certain powers of town meeting as to real estate acquisitions for and funding of capital projects at Nantucket airport shall also be vested in the select board, as specified in sections 3.3 and 3.6, subject to the voters' right to petition, as specified in clause (b) of section 2.1, and in sections 3.3 and 3.6.
SECTION 2. The third paragraph of said section 2.1 of said article II of said charter is hereby amended by striking out clause (b) and inserting in place thereof the following clause:-
(b) To veto any real estate acquisition voted by the select board pursuant to section 3.3 or any vote regarding funding of capital projects at the Nantucket airport pursuant to section 3.6; provided, however, that a petition proposing such veto in the form of a town meeting warrant article shall be signed by not less than 10 registered voters; and, provided further, that the petition shall be timely filed with the town clerk. The town clerk shall present the petition to the select board within the time permitted for inclusion of the article in the next annual town meeting or special town meeting warrant. The select board or the Nantucket airport commission, as applicable, may proceed with the real estate acquisition or use of funding of capital projects to benefit the airport unless a petition to veto such acquisition or funding is filed with the town clerk within 15 days of the public notice provided in section 3.6
SECTION 3. Article III of said charter is hereby amended by adding the following section:-
Section 3.6 Funding for the Benefit of the Nantucket airport
Notwithstanding any general or special law to the contrary, at the request of the Nantucket airport commission, the select board may vote to appropriate, borrow or transfer from available funds any sum of money to be placed in the airport enterprise fund, or any other fund established for the benefit of Nantucket airport, in order to permit the Nantucket airport commission or the Nantucket airport to qualify for available grants and loans; provided, however, that the amount of the appropriation, borrowing or transfer shall not exceed the total cost of the capital project for which the appropriation, borrowing or transfer is authorized pursuant to clause (b) of section 2.1; and, provided further, that any amount authorized to be appropriated, borrowed or transferred by the select board shall, subject to any applicable grant or loan requirements and applicable laws, be reduced by the amount of any such grant or loan funds received prior to the issuance of bonds or notes or the expenditure of funds by the Nantucket airport commission.
The select board shall publish a public notice of the vote in a newspaper having general circulation within the town. Any such vote shall be subject to veto by town meeting if a petition as set forth in clause (b) of section 2.1 is filed with the town clerk within 15 days following the date such public notice is published.
Nothing in this section shall affect the acceptance of gifts pursuant to section 53A of chapter 44 of the General Laws.
Approved, December 29, 2022.