HomeMy WebLinkAbout1984-LRC-rpt.pdfTown of Lexington
WHAT IS LEXHAB?
The 1983 Town Meeting authorized the Board of Selectmen to seek legislation to
establish a nonprofit tax exempt housing corporation to be known as the Lexington
Housing Assistance Board, Inc (LexHAB) This was seen as an innovative approach
to supporting and developing affordable housing in Lexington that would not
necessarily use state or federal funding and would complement the programs of
the local housing authority
chapter 521 of 1983 authorizes LexHAB, with approval of the Board of Selectmen,
to acquire or lease, to mortgage or otherwise dispose of real and personal
property; to borrowmoney and execute notes therefor which shall not be deemed
obligations of the Town of Lexington; and to operate housing facilities and
charge rentals
LexHAB's purpose is to investigate and implement alternatives for the provision
of affordable housing for persons of low, moderate, and middle income and for
others whose needs may be-identified from time to time
LexHAB's initial focus has been on the acquisition of condominium units in the
former Muzzey Junior High School. The purchase price realized from the sale
of the building will be turned over to LexHAB to be used in the down payment
of up to ten units to be used for rental to low and moderate income people The
remaining sixty units are to be sold to individuals who meet the Town's income
guidelines Most, and perhaps all, units at the site will have deed restricitons
to ensure that the housing remains in the affordable category
The Town of Lexington is proud of this creative mechanism to expand the
opportunities for people with limited income to live in the town, enabling
the town to retain the diversity of, population that has historically made it
a progressive and compassionate community
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May 2., 1989 1
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THE COMMONWEALTH OF MASSACHUSETTS
ADVANCE COPY 1983 ACTS AND RESOLVES
MICHAEL JOSEPH CONNOLLY, SECRETARY OF STATE
Chap 521 AN ACT ESTABLISHING A NONPROFIT HOUSING
CORPORATION FOR THE TOWN OF LEXINGTON
Be it enacted etc as follows
SECTION 1 There is hereby established a nonprofit housing
corporation to be known as the Lexington Housing Assistance
Board, Inc which shall be subject to the supervision of the
board of selectmen of the town of Lexington Said board shall
consist of not less than five members, who shall be appointed by
the board of selectmen for staggered three-year terms as desig-
nated by said board of selectmen, such appointments to be made
annually by said board of selectmen on or before May thirty-
first Members shall serve until their successors are appointed
and qualified Continuing members may act despite a vacancy or
vacancies in said board and for this purpose be deemed to
constitute a full board Any vacancy in said board, however
occurring, may be filled by the board of selectmen for the
unexpired portion of the term
Said board is hereby established and shall exercise its powers
and perform its duties for the purpose of investigating and
implementing alternatives for the provision of and providing
affordable housing for persons of low, moderate and middle
income, and others whose needs may be identified from time to
time, in the town of Lexington The powers and duties of said
board as set forth herein are intended to be alternative and
supplemental to, and not in limitation of, the powers and duties
of the Lexington Housing Authority established pursuant to
chapter one hundred and twenty-one B of the General Laws
The liability of said board and its members shall be limited to
the same extent as the liability of a public employer and public
employees as provided in section two of chapter two hundred and
fifty-eight of the General Laws
SECTION 2 Said board shall have the powers and privileges
conferred by the provisions of paragraphs (a) to (i) , inclusive
and paragraph (k) of section nine of chapter one hundred and
fifty-six B of the General Laws, and the following powers,
provided that no such power shall be exercised either in a
manner inconsistent with this act or any general or special law,
or to carry on any activity which is not in furtherance of the
purposes set forth in this act
(a) to adopt, amend and repeal by-laws for the regulation d
and conduct of its business including but not limited to the call 1
and conduct of its meetings, the number of members which shall
constitute a quorum and the mode of voting by proxy,
(b) to elect a chairman and vice-chairman, each of whom shall
be members of said board, and a secretary and a treasurer, who
need not be members of said board, and who may be the same
person The treasurer stall give bond for the faithful perfor- II
mance of his duties in form and amount approved and fixed by
the board of selectmen, the cost of which bond shall be paid
from funds of said board The chairman and in his absence the
vice-chairman shall chair meetings of said board The secretary
shall be the custodian of all books, documents and papers filed
with said board and of the minute book or journal of said board,
(c) with the approval of the board of selectmen, to make and
execute all contracts and all other instruments necessary or
convenient for the exercise of its power and functions, subject
to approval of the town counsel of the town of Lexington as to
form;
(d) with the approval of the board of selectmen, to acquire
or lease, by purchase or otherwise, and to own, hold and use,
on such terms and conditions and in such manner as it may deem
proper, and to exchange, grant options on, sell, transfer,
convey, assign, lease, pledge, mortgage, encumber, grant liens
on and security interests in, or otherwise dispose of on such
terms and conditions as it may deem proper, real, personal or
mixed real and personal property or any interest, easements or
rights therein, and any assets or revenues of said board, as
may be necessary or appropriate to carry out its purposes,
(e) with the approval of the board of selectmen, to enter into
agreements or other transactions with the commonwealth or any
political subdivision or public instrumentality thereof, the United
States government or any federal, state or other governmental
agency
(f) with the approval of the board of selectmen, to borrow
money and to execute notes therefor which shall not be deemed
to be debts or obligations of the town of Lexington, to hold
mortgages, and to invest any funds held in reserve funds or
any funds not required for immediate disbursement in such
investments as may be lawful for fiduciaries in the commonwealth
Said board shall have no stock,
(a) with the approval of the board of selectmen, to enter into
contracts or agreements with, and to employ from time to time
contractors, architects, engineers, consultants, attorneys,
accountants, construction, financial and other experts, superin-
tendents, managers and such other agents and employees as may
be necessary in its judgment and to fix their compensation,
(h) with the approval of the board of selectmen, to receive
and hold funds appropriated by the town and other funds,
property, labor and other things of value from any source,
public or private, by gift, grant, bequest, loan or otherwise,
either absolutely or in trust, and to expend or utilize the same
on behalf of said board for any of its purposes or to act as an
agent or conduit in administering or disbursing funds or financial
or other aid from any source, provided, however, that all reve-
nues collected or received by said board in connection with its
activities, investments or transactions shall be expended only
with the approval of the board of selectmen of the town of
a
Lexington,
(i) to appear in its own behalf before boards, commissions,
departments or other agencies of government, municipal, state or
federal,
(j) to procure insurance against any loss in connection with
the property or activities of said board in such amounts and
from such insurers as it may deem necessary or desirable, and,
with the approval of the board of selectmen, to indemnify its
members or agents if and to the extent specified from time to
time in the by-laws of said board and subject to and in the
manner provided in section six of chapter one hundred and
eighty of the General Laws,
(k) to formulate and, with the approval of the board of
selectmen, carry out or monitor plans for projects involving the
acquisition or operation of housing facilities of any kind or
nature, and to construct, reconstruct, renovate, expand, extend,
improve, repair, remodel, equip, furnish, maintain, manage and
operate such facilities,
(I) with the approval of the board of selectmen, to fix and
revise from time to time, and to charge and collect rates, fees,
rentals and other charges and sales prices for or in connection
with the use, occupancy or other disposition of any housing
facility or other property or portion thereof under its ownership
or control;
(m) with the approval of the board of selectmen, to establish,
impose, grant or amend, by deed lease or any other means or
method, and to hold the benefit of, monitor, exercise and enforce
lawful restrictions on the rental sale, resale, use or occupancy
of housing facilities or other property under its ownership or
control, or other facilities or property designated by the select-
men of the town, or restrictions with respect to the income of
owners, tenants or occupants of such housing facilities or other
property, or options and rights of first refusal with respect to
such facilities or property, and to waive, release or discharge
any such rights or restrictions,
(n) with the approval of the board of selectmen, to enter
into perform or monitor agreements or other transactions with
contractors developers, brokers or other real estate professionals
or any other person relating to the providing of affordable
housing for persons of low and moderate income in the town
(o) to do any and all things necessary or convenient to carry
out its purposes and exercise the powers conferred by this act
Said board may delegate to any committee or member of the
board any action which said board is empowered to do or make
Said board may be a partner in any business enterprise which
said board would have power to conduct by itself
SECTION ION 3 Notwithstanding the provisions of any general or
special law to the contrary the income assets and activities of
said board shall be exempt from all taxes and assessments and
said board shall not be subject to any of the provisions of
chapter sixty-three of the General Laws or to any taxes based
upon or measured by property or income imposed by the common-
wealth or by any political subdivision thereof Said board is
hereby authorized and empowered to enter into an agreement or
agreements with the assessor of the town of Lexington with the
approval of the board of selectmen wherein said board shall
undertake to make to the town annual payments in lieu of taxes
in connection with any real property acquired and owned by said
board, the amounts of such payments to be reasonable sums
stipulated in such agreement or agreements or determined in
accordance with a reasonable formula so stipulated
SECTION 4 Without limitation of the powers of said board set
forth in section two said board is authorized to receive and to
expend and utilize for its purposes all proceeds of the sale by
the town of Lexington of the land and improvements known as
the Muzzey junior high school, which proceeds have been appro-
priated by the town for such purposes In addition, the town
may appropriate other funds for the carrying out by said board
of its purposes as set forth herein Any appropriation therefor
may be raised by the town by taxation At least annually, said
board shall cause independent audits to be made of the books
and records of said board, which annual audits shall be filed
with the board of selectmen of the town
SECTION 5 In the event that said board shall be dissolved
in accordance with law at any time, all property and interests
therein, assets and rights of said board existing at such time
shall be transferred to the town of Lexington by authority of C
this act, and title to all such proper'y Wand all such rights shall
vest in the town of Lexington automatically without the need for
further action or instrument, and the town of Lexington shall, to
the maximum extent permitted by law, and acting by and through
its board of selectmen, assume, hold and exercise the powers
and duties of said board set forth herein with respect to such
property and rights so transferred to said town
SECTION 6 The provisions of this act are severable and if
any of its provisions shall be held invalid in any circumstance,
such invalidity shall not affect any other provisions or circum-
stances
SECTION 7 This act shall take effect upon its passage
Approved November 29, 1983