Session Laws

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 first paragraph of section 3 of chapter 674 of the acts of 1981 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The Authority is hereby constituted a public instrumentality, and the exercise by the Authority of the powers conferred by this act shall be deemed and held to be the performance of essential governmental functions.

SECTION 2. The eighth paragraph of said section 3 of said chapter 674 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The mayor of the city shall appoint annually one of the members as chairman of the Authority who, unless he is removed or resigns, shall serve as chairman for the term of his appointment and thereafter until his successor is appointed, and the Authority shall elect a secretary-treasurer who need not be a member of the Authority.

SECTION 3. The ninth paragraph of said section 3 of said chapter 674 is hereby amended by inserting after the first sentence the following sentence:- In selecting other forms of sureties, the mayor may approve a single surety company bond of such type and with such limits as he approves which insures the members and some or all of the employees of the Authority.

SECTION 4. Clause (t) of section 5 of said chapter 674 is hereby amended by striking out, in line 8, the word "and".

SECTION 4A. Said section 5 of said chapter 674 is hereby further amended by adding the following two clauses:-

(v) Notwithstanding the provisions of clause (k) of section two of this act, to own, operate or manage parking ticket validation systems under which a person other than the person parking a motor vehicle in a parking facility located in the city, whether the facility is owned or operated by the Authority or by any other person or persons, and whether the facility is located in or outside of the geographic boundaries of the Authority, pays all or a part of the charges for such parking; and

(w) To grant temporary or perpetual easements to the commonwealth, city or any agency or department of either of them or to any persons, natural or corporate, on, under or over any real property which is owned by the Authority for the purposes of (i) providing pedestrian or vehicular travel, or (ii) the installation, maintenance, servicing and removal of pipes, conduits, ducts, wires, meters, transformers or appliances for the transmission of fuel, power, energy and intelligence, on such terms and conditions as the Authority and the mayor may approve, which approval may include granting an exemption as to such easement area from the requirements that the grantee make payments to the city in lieu of taxes which may otherwise be required by section fifteen of this act.

SECTION 5. The third paragraph of section 6 of said chapter 674 is hereby amended by striking out, in line 9, the word "clause (h)" and inserting in place thereof the word:- clause (l).

SECTION 6. Section 7 of said chapter 674 is hereby amended by adding the following sentence:- The words "convey" and "conveyance" as used in this section shall include, without limitation, the leasing of property owned by the city, the subletting of any estates in which the city holds a leasehold or other possessory interest and the assignment of any such lease or possessory interest except to the extent that any such leasing, subletting or assignment is prohibited or restricted by the terms of any deed, lease or other agreement between the city and the grantor of any such estate.

SECTION 7. The seventh paragraph of section 15 of said chapter 674 is hereby amended by striking out, in line 1, the word "August" and inserting in place thereof the following word:- October.

SECTION 8. Said seventh paragraph of said section 15 of said chapter 674 is hereby further amended by adding the following sentence:- Notwithstanding any provision of this act or any general or special law to the contrary, the city auditor of the city at its expense shall have the right, from time to time, to audit all of the records, books and affairs of the Authority at its principal office during its normal hours of operation.

SECTION 9. Section 16 of said chapter 674 is hereby amended by inserting after the word "organization", in line 30, the following words:- or may retain and use the same for the purposes of this act.

SECTION 10. Section 17 of said chapter 674 is hereby amended by striking out, in line 8, the word "solely".

SECTION 11. Said section 17 of said chapter 674 is hereby further amended by adding the following paragraph:-

The city and its board of assessors shall pro rate any real estate taxes, personal property taxes, and betterment and special assessments assessed to any property title to which is acquired by the Authority as of the date of such acquisition, and shall abate the pro rated share thereof which pertains to the time on and after said date of acquisition. The pro rating of any tax or assessment shall be done on a per diem basis for the time span to which such tax or assessment pertains. Any abatement granted hereunder shall not relieve the grantor to the Authority of that person's obligations to pay the pro rated share of the taxes or assessments for the period preceding the conveyance to the Authority.

SECTION 12. Paragraph (b) of section 18 of said chapter 674 is hereby amended by adding the following sentence:- The city is authorized to expend for projects of the Authority or to grant to the Authority funds for such purpose which the city receives under chapter four hundred and eighty-six of the acts of nineteen hundred and eighty and chapter seven hundred and eighty-four of the acts of nineteen hundred and eighty-one, but subject nevertheless to any conditions or restrictions imposed on the grant of such funds to the city under said acts and any regulations promulgated by the secretary of administration except such as designate the agency of the city which was or is the recipient of any such grant.

SECTION 13. Section 19 of said chapter 674 is hereby amended by striking out, in line 13, the word "way" and inserting in place thereof the following word:- ways.

SECTION 14. Clause (d) of said section 19 of said chapter 674 is hereby amended by inserting after the word "court", in line 7, the following words:- or to the city, except so much thereof as may be payable to the registry of motor vehicles or any other department or agency of the commonwealth.

SECTION 15. Said chapter 674 is hereby further amended by inserting after section 19 the following two sections:-

Section 19A. Enforcement of Parking Regulations on Public Ways. The enforcement of rules and regulations established from time to time by the city governing the parking of motor vehicles on public ways in the city which are within the geographic area of the Authority may be delegated by the city council and the mayor to the Authority from time to time on such terms and conditions as the city and the Authority may approve; provided, however, that (a) any such delegation shall be revocable on thirty days prior written notice to the Authority by the mayor, and (b) in enforcing such rules and regulations, the Authority shall only use persons who are either (i) police officers of the city or (ii) are appointed as special police officers by the board of police commissioners of the city at the request of the Authority for that purpose. If special police officers are used by the Authority, the secretary-treasurer of the Authority or his designee shall be deemed to be their "commanding officer" wherever those words are used in statutes applicable to violations of such rules and regulations in the city, and such special police officers shall be deemed to be employees of the Authority and not of the city or its police department. Notwithstanding the provisions of any general or special law to the contrary, any such delegation may, but need not, provide that all costs of such enforcement shall be borne by the Authority, and that part or all of the fines and penalties paid to the city as a result of such enforcement activities of the Authority shall be paid by the city to the Authority forthwith on receipt thereof by the city except to the extent any portion thereof is payable to the registry of motor vehicles or any other department or agency of the commonwealth under any statute.

Section 19B. Parking Violations in Projects of the Authority. (a) The Authority is authorized to regulate parking in its projects in such manner as it deems appropriate from time to time, including without limitation, by the use of parking meters, and to establish fines and penalties for over-time parking to the same extent that the city is authorized to do with respect to parking on its public ways by virtue of section twenty A 1/2 of chapter ninety of the General Laws.

(b) The Authority is authorized to appoint persons to take cognizance of any violation of any provision of any rule, regulation or order of the Authority regulating the parking of motor vehicles in its projects. The persons so appointed shall have the same rights, powers and obligations with respect to such violations as are conferred on police officers by the second, third and fourth paragraphs of said section twenty A 1/2; and the secretary-treasurer of the Authority or its designee shall be deemed to be and shall perform the duties of their commanding officer as specified in said section twenty A 1/2.

(c) With respect to tags and notices of violations issued by the Authority, the parking clerk of the city is authorized to exercise all rights conferred on him by said section twenty A 1/2 with respect to tags and notices of violations of parking regulations pertaining to public ways in the city, provided however, that (i) the Authority at its expense shall cause to be printed the tags as described in the third paragraph of said section twenty A 1/2 for use with respect to violations of its rules and regulations, which tags shall be color coded to distinguish them from tags issued by the city, and which in addition to the requirements of said third paragraph of said section twenty A 1/2 shall state that it is issued by the Authority, and if it is not issued by a police officer, the identity and title of the representative of the Authority issuing the same, and the office address of the Authority. (ii) if tags are affixed to a motor vehicle by a person other than a police officer in lieu of the provisions of the fourth paragraph of said section twenty A 1/2, such person shall, on or before the beginning of the next business day, deliver copies of each notice to the secretary-treasurer of the Authority or his designee who shall then comply with the duties of the commanding officer referred to in said fourth paragraph. (iii) in lieu of the provisions of the sixth paragraph of said section twenty A 1/2, the Authority from time to time shall establish by rule or regulation a schedule of fines for violations of its rules applicable to its projects; provided, however, that all such fines shall be uniform for the same offense committed in the same project and shall not exceed the penalties provided for in clause (h) of section four.

(d) Notwithstanding any general or special law to the contrary, upon receipt of payments of fines for violations of the rules of the Authority, the parking clerk of the city shall deposit so much thereof as is not payable to the registry of motor vehicles under said section twenty A 1/2 in a special bank account of the Authority designated by it and shall transmit to the Authority each day a notice of said deposits.

(e) The city shall not be required to perform its obligations hereunder unless the Authority agrees to reimburse the city all reasonable costs incurred by the city in processing notices of violations with respect to the projects of the Authority, and to pay the city a reasonable fee for its services hereunder.

SECTION 16. Section 20 of said chapter 674 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- No member or employee of the Authority shall be deemed to be an official or employee of the city, the commonwealth or of any political subdivision thereof, other than the Authority, nor shall the appointment or employment of any member or employee of the Authority be subject to chapter thirty-one, thirty-two A or thirty-two B of the General Laws as they may now or hereafter be amended.

SECTION 17. Said section 20 of said chapter 674 is hereby further amended by adding the following two sentences:- For the purposes of chapter two hundred and sixty-eight A of the General Laws, the Authority shall be deemed a municipal agency of the city, the mayor shall be deemed the official responsible for the appointment of the members of the Authority, the said members shall be deemed the official responsible for the appointment of and head of the agency as to all persons employed, retained or appointed by the Authority, and the secretary-treasurer of the Authority shall perform the functions vested in the city clerk by said chapter two hundred and sixty-eight A as to all matters pertaining to the Authority. No activities of the members, employees or representatives of the Authority who also may be employees or special employees of the city, any county or the commonwealth in negotiating or implementing agreements between the Authority and the city, any county or the commonwealth, or acting on behalf of the Authority in any particular matter between it and the city, any county or the commonwealth shall be deemed a violation of any provision of said chapter two hundred and sixty-eight A because of said dual employment notwithstanding that the interests of the Authority and the city, county or commonwealth, as the case may be, are adverse in any such particular matter; provided however, that this exemption shall not extend to any activities of such person which are otherwise restricted or prohibited by said chapter by virtue of the interest of such person or of the family members, partner, employer or prospective employer of such person or of any business entity in which such person has a financial interest.

SECTION 18. Section 23 of said chapter 674 is hereby amended by adding the following sentence:- Upon the dissolution of the Authority, title to all of the assets of the Authority shall automatically vest in the city; provided, however, that if any such asset is then subject to any encumbrances, liens, rights, restrictions, leases, or agreements, the city shall acquire title to such asset subject to the same.

SECTION 19. Said chapter 674 is hereby further amended by inserting after section 24B the following section:-

Section 24C. Application of Laws. The Authority shall be governed by the provisions of sections twenty-three A, twenty-three B, twenty-three C and twenty-four of chapter thirty-nine of the General Laws, but the provisions of chapter thirty A of the General Laws shall not apply to the Authority.

SECTION 20. Paragraph (b) of section 25 of said chapter 674 is hereby amended by striking out, in line 3, the word "two" and inserting in place thereof the following word:- four.

SECTION 21. Paragraph (c) of said section 25 of said chapter 674 is hereby amended by striking out, in line 3, the word "two" and inserting in place thereof the following word:- four.

SECTION 22. Paragraph (e) of said section 25 of said chapter 674 is hereby amended by adding the following two clauses:-

(v) conveyances or transfers of title to or interests in real or personal property or the leasing, subletting or granting of assignments thereof or easements therein, or the provision of services, whether for or without the payment of consideration, when the same occur between the Authority and the commonwealth or any agency or political subdivision thereof or the city or any department or agency thereof including, without limitation, the Springfield Redevelopment Authority, the Springfield Housing Authority, the Springfield civic center commission and similar local authorities and boards, departments or commissions of the city.

(vi) easements and restrictive covenants governing the use of land or buildings between the Authority as grantor or grantee and any person pertaining to any garage project or any part of a garage project or to the land or buildings of the other party to such easement or covenant.

SECTION 23. Said chapter 674 is hereby further amended by inserting after section 25 the following section:-

Section 25A. Air Rights. The Authority may acquire, sell, lease, as lessor or lessee, sublet, as sublessor or sublessee, or grant or accept easements upon such negotiated or competitive basis as it may determine for the right to occupy and use the space above or under any garage projects for any use other than or in addition to the parking of motor vehicles together with the right to use and occupy such space within any garage projects as may be necessary for the purposes of support of structures occupying space above such garage projects, for providing utility service, water and sewer service, or ventilation to structures occupying space above or below such garage projects, or for access or for any other purpose related to the development and use of such space above or below such garage projects. Any such sale, lease, easement or subletting shall only be for such uses as are permitted by the zoning ordinances of the city or by virtue of variances or special permits granted therefrom or thereunder, and only on such terms and conditions as the mayor may approve. Any structures constructed over or under a garage project shall be exempt from real estate taxes, personal property taxes, betterment and special assessments; but in lieu of such taxes and assessments, if the owner, lessee or sublessee thereof is a person whose real estate is not otherwise exempt from taxation, such owner and the successors in interest to the owner's said estate shall pay to the city each year during their respective terms of ownership an amount, which may, but need not, be a percentage of the gross income received by such person from such structure, which is approved by the mayor and expressed in a written agreement between the owner thereof and the city acting through the mayor which shall be incorporated in or executed simultaneously with the conveyance, easement, leasing or subletting, to or from the Authority.

SECTION 24. All actions performed by the Authority or actions of the city relating to the Authority which are permitted by the provisions of this act, are hereby ratified and confirmed.

SECTION 25. This act shall take effect upon its acceptance by the mayor and city council of the city of Springfield.