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.
Notwithstanding the provisions of any general or special
law to the
contrary, there is hereby established in the town of Dartmouth an Agricultural
Preservation Trust Fund
for the purpose of preserving existing productive agricultural lands and
supporting and revitalizing the agricultural industry of the town. The trust
fund account shall be maintained as a separate account by the town treasurer.
All
receipts, revenues, gifts and funds from all activities of the town of
Dartmouth
Agricultural Preservation Trust Council, hereinafter called the council, shall
be
deposited in the account. The treasurer may invest the funds in said account
in
the manner authorized by sections 54 and 55 of chapter 44 of the General
Laws. Any
interest earned therein shall be credited to and become a part of the
separate account.
SECTION 2.
The council as established by Dartmouth town meeting shall
submit its
recommendations for acquisitions and appropriation to the board of selectmen
and
the finance committee for their consideration, recommendation and approval.
Upon
receipt of such approval, the council shall have the following powers and
duties
in carrying out the purposes of the fund:
(a) to purchase development rights to preserve the agricultural use of
existing
agricultural lands;
(b) to exercise the town's right of first refusal under chapter 61A of the
General
Laws;
(c) to foster and promote activities that are in the interest of preserving
agricultural land and revitalizing the agricultural industry in the town of
Dartmouth; and
(d) to enter into agreements for the purposes set out herein which may
include
the
payment of funds for consideration in support of those agreements; but any
agreements and payments shall be subject to and contingent upon the approval of
the board of selectmen and the finance committee.
SECTION 3.
In exercising its powers and duties the council, with the
approval of
the board of selectmen and the finance committee, shall have the powers as set
out under section 8C of chapter 40 of the General Laws with
respect to the acquisition of land and buildings, the acquisition of interests
in
land and the expenditures of funds.
SECTION 4.
If the council determines that land or interest
in land are
no longer in use or preserved for agricultural purposes, such land or interest
in
land shall be transferred to conservation purposes as if acquired by the
conservation commission in the same manner as set out in section 8C of
chapter 40
of the General Laws.
SECTION 5.
Any further appropriation by town meeting for the council
for the
purposes set out herein shall be by two-thirds vote.
Approved June 30, 2000.