The text
Sec. 2-189. - Created; purpose; authority.#
The city land trust is hereby created as a body politic and incorporated as a public instrumentality which shall have the authority to acquire, hold, and manage real property and interests therein, including development rights, situated in the city. Such acquisition and management shall be for the purpose of protecting, managing, and preserving natural areas, rivers and streams, freshwater wetlands and adjoining uplands and marshes, coastal wetlands, wildlife habitats, land or buildings providing access to or views of water bodies, walking and bicycle paths, land for agricultural use or future public recreational use, and historical sites.
(Rev. Ords. 1987, § 2-189)
Sec. 2-190. - Membership; appointment of members; terms; vacancies.#
(a)
The land trust shall be administered by seven trustees, five of whom shall be appointed by the mayor, one of whom shall be a member of and selected by the planning board, and one of whom shall be a member of and selected by the conservation commission. Each of the trustees shall be appointed for a three-year term.
(b)
The initial appointments by the mayor shall be for staggered terms. The initial appointment of the planning board shall be for a one-year term. The initial appointment of the conservation commission shall be for a two-year term. All vacancies occurring during a term shall be filled in the same manner set forth in subsection (a) of this section and shall be filled for the unexpired term.
(Rev. Ords. 1987, § 2-190; Ch. 877, § XVIII, 6-6-23)
Sec. 2-191. - Composition; compensation.#
Trustees shall be electors of the city and shall hold office until the appointment of a successor trustee. Trustees shall not be elected officials or salaried employees of the city. Trustees shall serve without compensation.
(Rev. Ords. 1987, § 2-191)
Sec. 2-192. - Election of officers; reports; rules and regulations; budgets.#
(a)
The trustees shall annually elect a chair and vice-chair from their members and shall appoint a secretary who may either be a member or a nonmember. Copies of all meeting minutes shall be submitted to the mayor for distribution as he shall see fit and shall be filed with the city clerk.
(b)
The trustees shall adopt reasonable rules and regulations governing the conduct of land trust affairs, including the acquisition and management of its holdings, not inconsistent with the provisions of this division. All rules and regulations of the land trust are subject to the approval of the city council. Decisions of the trustees shall be by majority of those present and voting, except that decisions on the acquisition of land, easements conservation restrictions, rights-of-way and other uses referred to in section 2-189 of this land trust shall be by majority vote of all trustees.
(c)
The trustees shall prepare a budget that shall be submitted to the mayor for review and approval and then be presented to the city council for adoption. The funds so authorized will be paid by the city treasurer in accordance with the usual procedures of the city. All funds that are released for land acquisition by this land trust can only be released after a public hearing requiring two weeks of advertising, and approval by a majority of the trustees.
(Rev. Ords. 1987, § 2-192; Ch. 877, § I, 6-6-23)
Sec. 2-193. - Powers and duties.#
The land trust shall have the following powers and duties: (1)
To purchase or otherwise acquire fee simple or any lesser interest in real property owned by consenting land owners, including development rights as defined in G.L. 1956, § 42-82-2, and conservation restrictions, or any other interest consistent with the purposes of this division;
(2)
To accept and apply for gifts, grants, loans of funds, or services from any source, public (local, state or federal) or private, and comply, subject to the provisions of this division, with any terms or conditions thereof;
(3)
To administer and manage land and interests in land held by it in a manner consistent with the purposes of this division and with the terms of any grant or devise by which such land or interest was acquired; convey any such land or interest to a nonprofit corporation (subject to the provisions of subsection (5) of this section) provided that such land shall continue to be used in a manner consistent with the purposes of this division and with the terms of any grant or device by which such land was acquired by the land trust;
(4)
To employ such persons as are necessary to acquire, manage and preserve land and interests in land held by the land trust;
(5)
To dispose of all or any portion of its real property or interests therein held by it, whenever in the opinion of the trustees such lands or properties have become unsuitable or have ceased to be used for the purpose set forth in this division. Such disposition shall be made only by a vote of the trustees in which at least five members vote in favor of such a disposition and further only after having been approved by vote of the city council in accordance with the provisions of the Charter of the city governing disposition of land. Nothing in this subsection shall be construed to authorize the sale, lease or conveyance of lands or improvements held by the land trust as part of a charitable trust or acquired by gift or devise for the public use, unless authorized by the deed conveying these lands to the land trust or by agreement entered into between the donor and the land trust;
(6)
To invest such portions of its funds as may be deemed prudent in any investment that the city may invest its funds in, including but not limited to "homeowner notes," so called;
(7)
To otherwise do all things necessary for the performance of its duties, the fulfillment of its obligation and the conduct of its business.
(Rev. Ords. 1987, § 2-193)
Sec. 2-194. - Creation of fund; exempt from taxation.#
(a)
All funds collected by virtue of the city's bonding authority for the purpose of financing the activities of the land trust under this division, any applicable federal or state funds, and funds received under the provisions of section 2-193 of this division shall be deposited in a fund for the land trust to be established by the treasurer of the city. Additional monies or other assets received as voluntary contributions, grants or loans, funds appropriated to the land trust by vote of the city council, or proceeds from the disposal of real property or interests shall be deposited into such account. All expenses lawfully incurred by the land trust in carrying out the provisions of this division shall be evidenced by proper vouchers and shall be paid by the treasurer of the city only upon submission of warrants duly approved by the land trust and the city council. All investment income shall accrue for the benefit of the land trust.
(b)
The trust and all its revenues, income, and real and personal property used by the trust for furtherance of its public purposes, shall be exempt from taxation and the trust shall not be required to pay any tax, excise or assessment to the state or any of its political subdivisions; provided however, any land acquisition or transaction of any nature that results in the removal of property from the tax rolls shall be subject to the approval of the majority of the city council.
(Rev. Ords. 1987, § 2-194)
Sec. 2-195. - Transfer of title upon dissolution of land trust.#
Upon termination or dissolution of the land trust, the title to real estate and interests thereon, all funds and other properties owned by the land trust which remain after payment or making provision for payment of all bonds, notes and other obligations of the land trust shall vest in the city.
(Rev. Ords. 1987, § 2-195)