WOBURN MUNICIPAL CODES TITLE 3
REVENUE
AND FINANCE
Articles
and Sections :
I. FISCAL PROCEDURES GENERALLY
3-1
Authority of Mayor to draw orders--Execution of notes and bonds.
3-2
Annual audit.
3-3
Council to receive copy of annual budget.
3-4
Fees, charges and commissions to be paid into the treasury.
3-5
Annual report of officers, boards and committees.
3-6
Disposal of old and unnecessary material.
3-7
Bills and demands against City.
3-8
Weekly and monthly payroll.
3-9
Auditor to authorize purchases.
3-10
Travel and expense accounts in election year.
3-11
Hiring of carriages and automobiles.
II. PURCHASING
3-12
Duties--Purchasing procedures.
3-13
Requisitions for supplies--Emergency situations.
3-14
Account books--annual report.
3-15
Rejection of bids.
3-16
Contracts and bidding--Definitions--Conditions.
3-17
Full disclosure in connection with lease or sale of property.
3-18
Advertising of legal notices.
3-18A
Conflict.
III. FEES FOR LICENSES, PERMITS AND RECORDS
3-19
Schedule of fees for licenses and permits.
3-20
Licenses and permits--Conditions.
3-21
Charges for certified copies kept by City Clerk.
3-22
Disposition of moneys paid for special permits.
IV.
DISPOSITION OF LAND ACQUIRED PURSUANT TO TAX LIENS
3-23
Custody, management and sale of land--Powers and authority.
3-24
Suspension, Revocation or Denial of Local Licenses and Permits.
3-1
V.
ASSISTANCE PROGRAMS
3-25
Senior Citizen Property Work-Off Program.
3-26
Water and Sewer Enterprise Fund.
===============================================================
I.
FISCAL PROCEDURES GENERALLY
3-1
Authority of Mayor to draw orders--Execution of notes and bonds.
A. The
Mayor is authorized to draw orders on the treasurer for the payment of
accounts
and claims allowed and certified by the committee on accounts or
approved
by the auditor, as provided in Sections 2-112 through 2-117, and as
otherwise
provided by law.
B. No
money shall be paid out of the City treasury except upon the written order
of the
Mayor, countersigned by the auditor; provided, however, that the
treasurer
may pay any sum of money due upon orders drawn by the board of
cemetery
commissioners out of its funds in accordance with the provisions of
Chapter
109 of the Acts of 1884, as amended.
C. The
Mayor shall sign all notes and bonds issued by authority of the City
Council.
(Prior Ch. 14 sec. 6).
3-2
Annual audit.
A. On
or before February 1st of each year the Mayor shall order a complete audit of
the
books of the City and a report of such audit, in triplicate, shall be presented
to
him,
one copy of which shall be referred to the City Council immediately after
receipt
of the same. (Prior Ch. 14 sec. 8).
B. That
the independent auditor engaged by the City pursuant to Section 3-2(A) shall
present
on an annual basis to the each Alderman a copy of the Independent
Auditor’s
Report, including financial statements, recap sheets, deficiencies and
recommendations,
and the independent auditor shall on an annual basis meet with
the
City Council Finance Committee to present an explanation of the Independent
Auditor’s
Report.
3-3
Council to receive copy of annual budget.
A. The
Mayor shall furnish to the City Council, individually, a copy of the annual
budget
for the current year, setting out therein an itemized and detailed
3-2
statement
of the money required for each department, clearly specifying the
amount
to be spent for each particular purpose.
B. Each
department of the City, excluding the school department, shall set forth in
its
annual budget the name of each employee of the department, together with
the
amount of the annual salary paid to and the job title of each employee. This
information
is to be contained in the annual budget when submitted to the City
Council
for action thereon. (Prior Ch. 14 sec. 9).
C. The
City Auditor shall, on a monthly basis, submit to the City Council a copy of
all
receipts accounts. (Added 5/18/93)
C. The
City Council shall hold a Public Hearing on the annual budget on the
second
Monday in June commencing at 7:00 p.m. in the City Council
Chambers.
The City Clerk shall advertise in at least one (1) newspaper in the
City of
Woburn during the month of May the date, time and purpose of the
Public
Hearing. A copy of the annual budget shall be posted in the Rotunda of
City
Hall for inspection by the public. (Added 10/9/98, numbered as passed)
3-4
Fees, charges and commissions to be paid into the treasury.
Every
officer receiving a salary from the City, for whose services any fees, charges
or
commissions are allowed by law, shall, on or before the fifth day of each month
pay
such fees, charges or commissions into the City treasury to become the
property
of the City, and shall at the same time send to the auditor a detailed
statement
of the amount of the moneys collected by him, including the money
received
for all licenses. (Prior Ch. 16 sec. 13).
3-5
Annual report of officers, boards and committees.
All
officers, boards and committees having charge of City property or entrusted
with
the
receipt and expenditure of money shall, unless otherwise provided, report to
the
City
Council annually on or before the 15th day of January. They shall, whenever
requested
by the City Council report to it in writing, information with respect to their
respective
departments, and the officers, boards and committees, upon the request
of any
member of the City Council, shall disclose to him such information. (Prior Ch.
16 sec.
14).
3-6
Disposal of old and unnecessary material.
A.
Every officer, department head or board in charge of a department who
decides
that a vehicle or any material coming under the supervision of such
3-3
3-7
Bills and demands against City.
3-8
Weekly and monthly payroll.
department
or board or officer is no longer useful or needed by that
department
shall so notify the City Council of that decision.
B. The
City Council shall decide, after deliberations with any other department
which
may be interested in the obtaining or transfer of said vehicles and
material
for their department whether the City shall sell, convey or put up for
public
auction any vehicle or material that the City Council decides by a
majority
vote is no longer needed by the City.
C. The
vote of the City Council shall require the approval of the Mayor as
prescribed
in the Charter.
D.
After the approval of the City Council by a majority vote of its members and
after
the approval of the Mayor as governed by the structure and procedure of
Section
25 of the City Charter, the officer, department head or board who had
the
supervision of the vehicles and material shall record in a book kept for the
purpose
the manner of the disposal of the vehicles and materials.
E. The
records shall show the manner in which the vehicles and material was
disposed
of and the money received, if any, for the vehicles and material.
F. The
board or officer shall make out bills for the sale of the same and he shall
deliver
them to the treasurer, and at the same time deliver them to the auditor
who
shall record them in a book kept for the purpose.
G. In
no case shall the City sell, convey, lease or put up for public auction any
vehicle
or material unless approved by a majority vote of the City Council.
(Prior
Ch. 16 sec. 15).
Every
officer and board in charge of a department and every committee of the City
Council
in whom is vested the approval of bills, shall, on or before the fifth day of
each
month, send to the auditor all bills and demands against the City which have
been
received and approved by such officer or board, in such form and with such
approval
as the auditor may require, together with such vouchers, schedules,
requisitions
and evidences of authority under which the expenditure was incurred,
as the
auditor may require. (Prior Ch. 16 sec. 16).
A.
Every officer and board in charge of a department shall prepare a weekly
payroll
of all the employees in the department, to and including Saturday of
3-4
each
week, and shall send the same to the auditor within forty-eight hours
after
the close of the period covered by such payroll; but the name of any
person
whose payment weekly is not required by law, shall not be placed on
such
payroll, and if such person desires to have his name on the monthly
payroll.
B.
Every officer and board in charge of a department shall prepare a monthly
payroll
for the payment of all officers and subordinates not paid on the weekly
payroll,
and send the same on the third day of each month to the City auditor.
(Prior
Ch. 16 sec. 17).
3-9
Auditor to authorize purchases.
No
department head or board shall authorize any work or purchase of any vehicle or
material
without first having written authorization from the City auditor, stating that
the
money is available by way of a duly passed appropriation by the City Council in
the
budget. (Prior Ch. 16 sec. 18).
3-10
Travel and expense accounts in election year.
A. No
travel or expense account, in a City election year, shall be expended
beyond
the month of December of said year, by more than 1/2, for any elected
or
appointed position.
B. If
the ordinance codified in this section is violated, the City solicitor shall
take
necessary
steps to recover any amount of money so over expended. (Prior
Ch. 16
sec. 9).
3-11
Hiring of carriages and automobiles.
No
carriage or automobile shall be hired at the expense of the City except upon an
order
signed by the Mayor, the president of the Council or the acting chairman of a
board
or of a committee of the City Council. The order shall state the purpose for
which
the carriage is required and shall accompany the bill as a voucher. (Prior Ch.
16 sec.
20).
II.
PURCHASING
3-12
Duties--Purchasing procedures.
A. In
accordance with the provisions of the Uniform Procurement Act, M.G.L.
Chapter
30B (including Amendments), the Purchasing Agent is designated as
3-5
the
Chief Procurement Officer for the City and shall oversee the procurement
function
in conformity with the Statute.
B. The
Purchasing Agent shall, upon the written requisition in writing by the
Head of
any City Department, purchase all supplies required by such
Department.
The Purchasing Agent shall approve all work/service orders
prior
to their presentation to the City Auditor that sufficient funds are
appropriated
for the order.
C.
Formal written contracts shall be required for procurements of $5000 or more.
The
Purchasing Agent shall maintain a file on each such contract and shall
include
in the file a copy of all written documentation required by Statute. The
City
shall make no payment for a supply or service rendered prior to the
execution
of the formal written contract.
D. The
procurements of all supplies or services exceeding Five thousand dollars,
but
less than Twenty five thousand dollars, shall be made by seeking written
quotes
from at least three prospective suppliers who customarily provide
such
supply or service. A record of the names and addresses of all persons
from
whom quotations were sought, the names of the persons submitting
quotations,
the date, and the amount of each quotation shall be kept with
each
procurement. The Purchasing Agent shall award the contract to the
responsible
person offering the needed quality of supply or service at the
lowest
quotation. (amended 10/6/2000)
E.
Procurement contracts in the amount of Twenty five thousand dollars or more,
other
than the contracts for procurement of real property, shall conform to the
competitive
sealed bidding procedures set forth in the Statute (M.G.L. 30B, as
amended).
The invitation for bid shall include the following information:
a. The
time and date for receipt of bids, description of what is to be
purchased,
all evaluation criteria that will be used in determining
acceptability,
and the contract terms and conditions applicable to such
purchase.
b. Give
public notice by posting in a conspicuous place, publication in a
local
newspaper, and, if the amount is at a threshold level set by the
Secretary
of State, publication in the Goods and Services Bulletin.
c. Open
the bids publicly; evaluate the bids on the requirements and criteria
set
forth in the invitation for bids; unconditionally accept a bid without
alteration
or correction, except as provided by Law and award the
contract
to the lowest responsible and responsive bidder.
(amended
10/6/2000)
3-6
F. The
Purchasing Agent may enter into procurement contracts in the amount of
Twenty
five thousand dollars or more by utilizing competitive sealed
proposals.
The Purchasing Agent shall not solicit competitive sealed
proposals
unless he has determined in writing that selection of the most
advantageous
offer requires comparative judgments of factors in addition to
price specifying
the reasons for his determination. The solicitation and public
notice
requirements for competitive proposals shall be the same as for the
process
outlined for competitive bids except that:
a. The
Purchasing Agent shall not open the proposal publicly, but shall
open
them in the presence of one or more witnesses at the time specified
in the
request for proposals.
b. The
Purchasing Agent shall designate the individual or individuals
responsible
for the evaluation of the proposals on the basis of criteria
other
than price. The designated individuals shall prepare their
evaluations
based solely on the criteria contained in the request for
proposals.
The evaluations shall be in writing and include a rating for
each
proposal and the reasons for the rating.
c. The
Purchasing Agent shall determine the most advantageous proposal
from a
responsible and responsive offeror taking into consideration price
and the
evaluation criteria set forth in the request for proposals.
d. If
the Purchasing Agent awards the contract to an offeror who did not
submit
the lowest price, he/she shall explain the reasons for the award in
writing.
(amended
10/6/2000)
G. Sole
source procurements may be undertaken on all procurements under
Twenty
five thousand dollars upon certification by the Purchasing Agent that
only
one practicable source for the supply or service exists. In addition, library
books,
school textbooks and public utility services may be procured
noncompetitively
in any amount upon certification by the Purchasing Agent
that
only one practicable source exists. All such certifications shall be on file
for
public inspection at the Purchasing Agent's office. (amended 10/6/2000)
H.
Unless authorized by a majority vote by the City Council, the Purchasing
Agent
may not solicit or award a contract for a term greater than three years,
including
renewals, extensions or options.
3-7
I. The
Purchasing Agent may make an emergency procurement without
following
M.G.L. Chapter 30B whenever the time required for compliance with
the
requirement would endanger the health or safety of the people or their
property.
Documentation must be kept on file for public inspection in the
Purchasing
Agent's office relating to any emergency procurement.
J. The
Purchasing Agent shall procure all supplies and services for the School
Department
in accordance with all procedures and regulations defined in this
section
3-12.
K. The
Purchasing Agent shall assist the Mayor and the City Council in applying
for and
administration of Federal or State Grant Programs. (Ords. dated
10/21/86;
5/4/84; Ord. dated 8/18/87, prior Ch. 21, {2); Ordinance dated
4/17/90,
without Mayor's Signature; *Subsections D., E. F., amended August
15,
1990, by substituting ten thousand for Six Thousand Five Hundred.).
A.
3-13
Requisitions for supplies--Emergency situations.
Every
officer in charge of a department requiring materials and other
supplies
shall obtain the same from the purchasing agent by means of a
requisition
therefor on blanks to be prepared by the purchasing agent.
B. No
officer, department head, board or commission authorized to spend
money
shall make requisitions on the purchasing agent for purchasing of
supplies
or materials until funds are available therefor unless an emergency
arises
and supplies and materials are needed, the emergency to be
determined
by the department head. (Prior Ch. 21 sec. 3).
3-14
Account books--annual report.
The
purchasing agent shall in his annual report include a statement of the cost of
all
supplies furnished each department and officer. (Prior Ch. 21 sec. 4).
3-15
Rejection of bids.
The
purchasing agent, with the approval of the Mayor, may accept or reject any bid,
when to
do so the best interests of the City will be furthered. (Prior Ch. 21 sec. 5).
3-16
Contracts and bidding--Definitions--Conditions.
A.
Every contract for the construction, reconstruction, alteration, remodelling or
repair
of any public work in the City, all contract work done by a private
contractor,
the contractor shall furnish his own material and equipment. The
3-8
word
"material," as used in this section, means and includes pipes (water
and
sewer),
brick, mortar, concrete, wood, sand, plaster, gravel, loam, bituminous,
sand,
etc. It also includes any article, assembly, system or any component
part
thereof.
B.
Rental of equipment for construction, reconstruction, alteration, remodelling,
repair
or plowing of streets, or any public work for the City shall be awarded to
the
lowest responsible and eligible bidder.
C. The
term "lowest responsible and eligible bidder" means the bidder whose
bid
is of
the lowest of those bidders possessing the skill, ability and integrity
necessary
for the faithful performance of the work. (Prior Ch. 21 sec. 6).
3-17
Full disclosure in connection with lease or sale of property.
No
agreement to lease or sell real or personal property to the City shall be valid
and no
payment shall be made to the lessor or seller of such property until a
statement
has been filed, under the penalties of perjury, with the City auditor and
the
City Clerk, by the lessor or seller, giving the true names and addresses of all
persons
who have a direct or indirect beneficial interest in the property. (Prior Ch.
21 sec.
7).
3-18
Advertising of legal notices.
All
advertising required by law for contracts, projects, materials, services and
notification
for taxpayers of the City must first be inserted by the officials,
departments,
agencies and authorities in a newspaper of general circulation in the
City. A
newspapaer becomes eligible for advertising only immediately after twelve
(12)
consecutive months of circulation. Said newspaper must be printed and
distributed
daily or weekly and contain news articles of opinion, features and
advertising
pertaining to the City of Woburn. (Prior Ch. 21 sec. 8). (Amended
7/24/92).
3-18A
Conflict
If
there is a conflict between any of the provisions contained in Sections 3-12
through
3-18 of the 1989 Woburn Municipal Code and any of the provisions of
M.G.L.
Ch. 30B, the provisions of M.G.L. Ch. 30B shall be deemed to supercede
the
provisions of the 1989 Woburn Municipal Code. (added 10/6/2000)
3-9
III.
FEES FOR LICENSES, PERMITS AND RECORDS
3-19
Schedule of fees for licenses and permits.
Fees
for licenses or permits shall accompany the application for such license or
permit
and shall be paid to the City Clerk or officer or board issuing the same, and
shall be
as follows:
Auctioneer--Resident
........................................$ 25.00 Annually
Auctioneer--Special—Limited............................$
15.00 per day
Auction
..............................................................$ 10.00 per
Automobile
Graveyard.......................................$ 50.00 Annually
Automatic
Amusement Device ..........................$ 20.00 per machine Annually
Billiard
Rooms/Parlor ........................................$ 25.00 for thefirst
table, plus 10.00
per
each additional table
Bowling
Alley .....................................................$ 20.00 for the
first alley, plus
$10.00
for each per each additional
alley
BUILDING
FEES AND ELECTRICAL FEES CAN BE FOUND IN CH.15.
Carnival/Circus
..................................................$ 10.00 per
Coffee
and/or Tea House ..................................$ 25.00 Annually
Commercial
Parking Lots ..................................$ 6.00 per space annually
Drug--Third
Class ..............................................$ 50.00 Annually
Entertainment
Activities on Sunday...................$ 10.00 single event
Entertainment
Activities on Sunday...................$200.00 annual events
Flea
Market .......................................................$ 2.00 Annually
Garage
Auto Repair Shop .................................$ 50.00 Annually
Hawkers/Peddlers
.............................................$ 20.00
Peddlers
of vegetables, fish, fruits.....................$ 10.00 Annually
Hotel..................................................................$
25.00 Annually
Holiday--Sunday
Necessary Work.....................$ 10.00 Annually
INFLAMMABLES--SEE
SECTION 8-12
Innholders
.........................................................$ 25.00 Annually
Junk
Collector....................................................$ 50.00 Annually
Junk
Dealer--Keeper of Shop............................$ 50.00 Annually
Leasing
of Automobiles/Trailers ........................$ 50.00 Annually
Lodging
House ..................................................$ 20.00 Annually
Mobile
Vending Vehicle--Food Vehicle..............$ 50.00 Annually
Motel
.................................................................$ 10.00
Annually
Motor
Vehicle Licenses 1st Class,
2d
Class or 3d Class .........................................each year, 200.00
application
fee
plus 100.00 Annually
Pawnbrokers$
50.00 Annually
3-10
Public
Amusements..(GL Ch.140, Sec.181)......$200.00 Annually
Single
Event ...........................................$ 10.00
Rooming
House.................................................$ 10.00 Annually
Secondhand
Articles—Furniture........................$ 50.00 Annually
Secondhand
Lumber, Building Materials...........$ 50.00 Annually
Secondhand
Metals...........................................$ 50.00 Annually
Razed
Building Materials, selling of...................$ 50.00 Annually
(Temporary
License)
Skating
Rinks$100.00 Annually
Recording
Cemetery Deed Lots ........................$ 5.00
Declaration
of Trust ...........................................$ 10.00
Recording
Order granting locations
of
poles, conduits, etc. (flat rate) .......................$ 25.00
Street
Musicians................................................$ 25.00
Taxi
...................................................................$ 20.00 each
Annually
Taxi
Stands .......................................................$ 10.00 each
Annually
Tennis
Courts....................................................$ 10.00 per court
Transient
Vendor...............................................$ 50.00
For the
following, the fees charged shall be those which are prescribed by MGLA:
Birth
Records, Death Records, Marriage Records, Registration Fees, Business
Certificates.
(Prior Ch. 10 sec. 1).
3-20
Licenses and permits--Conditions.
A.
Every officer or board in charge of a department issuing a license or permit
shall
insert therein a condition that the person accepting the same shall
conform
to the statutes and ordinances and the specifications in the license or
permit,
and that the violation of any of its specifications shall work an
immediate
revocation of the license or permit and that such person shall
indemnify
and hold harmless the City from any damage it may sustain or be
required
to pay, by reason of the doing of any of the work licensed or
permitted
by reason of any act or neglect of himself or any of his employees
relating
to such work or by reason of any violation of any specification,
provided
that nothing contained in this section shall be construed to prevent
the
insertion of any other specification deemed advisable by the authority
issuing
such license or permit.
B. Such
officer or board may require a bond with sureties satisfactory to him or it,
to
secure the performance of the conditions of the license or permit.
C. The
fee for issuing such licenses shall be according to the schedule of fees as
listed
in Section 3-20. (Prior Ch. 10 sec. 4).
3-11
3-21
Charges for certified copies kept by City Clerk.
3-22
Disposition of moneys paid for special permits.
petitioner.
(Ord. dated 2/6/85; prior Ch. 10 sec. 6).
IV.
DISPOSITION OF LAND ACQUIRED PURSUANT TO TAX LIENS
3-23
Custody, management and sale of land--Powers and authority.
For
certified copies of records kept by the City Clerk fees may be charged which
are
commensurate with the fees charged by the registry of deeds for similar copies.
(Prior
Ch. 10 sec. 5).
A. All
moneys paid by petitioners for advertising of special permits, zoning
amendments,
variances and planning board petitions shall be applied to
defray
the cost of the advertising, with any balance accruing to help defray the
cost of
postage, stationary and clerical work, and to be retained in a general
ledger
account set up for that purpose.
B. When
the balance of any such account reaches the amount of one thousand
dollars
for each of said accounts, any balances thus accrued shall inure to the
general
fund.
C.
There shall be no refund of any excess over advertising costs to any
The
following regulations are established for the custody, management and sale of
land
acquired by the City under the provisions of Massachusetts General Laws,
Chapter
60, and acts in amendment of or in substitution therefor:
A. The
City collector, upon the performance of the duties imposed by Chapter 60
of the
General Laws shall report his doings concerning such land in writing to
the
City treasurer in such form as may be approved by the Mayor, which
report
shall contain a description of the several parcels of land, the amount for
which
the same was offered for sale, the expense of the sale, the amount
named
in the collector's deed or instrument of taking, as due when the same
was
executed, all interest and subsequent taxes and assessments thereon.
Such
report shall be filed in the office of the City Treasurer, and kept by him as
a
record concerning land so acquired and held.
B. The
City Treasurer, under the direction of the Mayor, may advertise such land
for
sale by public auction, and the cost thereof shall be apportioned equally
among
all the parcels or lots specified in the advertisement. The cost of the
sale
shall be apportioned equally among all lots sold.
3-12
3-24
Suspension, Revocation or Denial of Local Licenses and Permits.
C. The
Mayor, after being authorized by majority vote of the City Council, may
from
time to time, sell or cause to be sold at public auction or private sale, any
such
land at such price and upon such terms as may be so authorized or,
after
being so authorized, he may cause the same to be leased or let in like
manner,
in case of inability to make a satisfactory sale and, after being so
authorized,
he may sign, seal, acknowledge and deliver in the name and
behalf
of the City, all proper deeds and instruments therefor, and the
proceeds
of such sales, conveyances, leases or letting shall be paid into the
City
treasury, subject to the necessary costs and charges incident thereto,
and
held, as provided in and by said chapter 60 of the General Laws.
D. Upon
a sale, conveyance, lease or letting of any parcel of land so held, the
treasurer
shall enter upon the record the name of the purchaser, lessee or
tenant,
the consideration or rental paid, the date of sale or other disposition,
the
cost of advertisement, sale and the taxes assessed thereon, as shown by
the
records of the assessors from and subsequently to the date of acquiring
the
same under said statute, in a form convenient for the preservation of a
record
of the transactions by the City and the state of the account of the City
concerning
the same.
E. The
tax title custodian of the City purporting to act under the authority
conferred
by Massachusetts General Laws, Chapter 60, Section 77A, shall, in
addition
to the notice required by this chapter and sections of the General
Laws of
the Commonwealth, give notice by publishing of his intent to act. The
publishing
shall be made in a newspaper of general circulation in the City for
three
consecutive weeks, the last publication date to be at least twenty-one
days
prior to the intended date of action. The notice published shall contain a
title
reference to the subject property, as well as the name of the nearest
public
way to the property. (Prior Ch. 14 sec. 5).
F. Any
Real Estate tax bill that has been past due for three hundred and sixty
five
days shall be placed in Tax Title. The Collector's office has six months
from
the acceptance of this ordinance to be in compliance with this ordinance.
(Added
5/18/94)
A. The
Tax Collector or any other municipal official responsible for records of all
municipal
taxes, assessments, betterments and other municipal charges,
hereinafter
collectively referred to as the Tax Collector, shall annually, and at
such
other times as may be requested furnish each department, board,
commission
or division, hereinafter collectively referred to as the Licensing
3-13
Authority,
that issues building permits, or licenses or permits including renewals
and
transfers, a list of any person, corporation, or business enterprise,
hereinafter
referred to as the Party, that has neglected or refused to pay any
local
taxes, fees, assessments, betterments or other municipal charges
including
amounts assessed under the provisions of section twenty-one D, for
not
less than a twelve month period, and that such Party has not filed in good
faith a
pending application for an abatement of such tax or has a pending
petition
before the Appellate Tax Board.
B. The
Licensing Authority may deny, revoke or suspend a building permits, or any
license
or permit, including applications for renewals, transfers, and original
applications
of any party whose name appears on said list furnished to the
Licensing
Authority from the Tax Collector or with respect to any activity, event
or
other matter which is the subject of such building permit or license or permit
and
which activity, event or matter is carried out or exercised or is to be carried
out or
exercised on or about real estate owned by any party whose name
appears
on said list furnished to the Licensing Authority from the tax collector;
provided,
however, that written notice is given to the Party and the Tax
Collector,
as required by applicable provisions of law, and the Party is given a
hearing,
to be held not earlier than fourteen days after said notice. Said list
shall
be prima facie evidence for denial, revocation or suspension of said
building
permit or license or permit to any Party. The Tax Collector shall have
the
right to intervene in any hearing conducted with respect to such building
permit
or local permit or license or denial, revocation or suspension. Any
findings
made by the Licensing Authority with respect to such building permit or
license
or permit denial, revocation or suspension shall be made only for the
purposes
of such proceeding and shall not be relevant to or introduced in any
other
proceeding at law, except for any appeal from such building permit or
license
denial, revocation or suspension. Any building permit or license or
permit
denied, suspended or revoked under this section shall not be issued or
renewed
until the Licensing Authority receives a certificate issued by the Tax
Collector
that the Party is in good standing with respect to any and all local
taxes,
fees, assessments, betterments or other municipal charges payable to
the
municipality as of the date of issuance of said certificate.
C. Any
Party shall be given an opportunity to enter into a payment agreement with
the Tax
Collector, thereby allowing the Licensing Authority to issue a certificate
indicating
said limitations to the building permit or license or permit and the
validity
of said building permit or license or permit shall be conditioned upon the
satisfactory
compliance with said agreement. Failure to comply with said
agreement
shall be grounds for the suspension or revocation of said building
permit
or license or permit; provided, however, that the holder be given notice
and a
hearing as required by applicable provisions of law.
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D. The
City Council, upon application made specifically thereof, may waive such
denial,
suspension or revocation if it finds there is no direct or indirect business
interest
by the property owner, its officers or stockholders, if any, or members of
his
immediate family, as defined in section one of chapter two hundred and
sixty-eight
A, in the business or activity conducted in or on said property. This
section
shall not apply to the following licenses and permits granted under the
General
Laws of the Commonwealth of Massachusetts: Open burning, section
thirteen
of Chapter forty-eight; bicycle permits, section eleven A of Chapter
eighty-five;
sales of articles for charitable purposes, section thirty-three of
Chapter
one hundred and one; children work permits, section sixty-nine of
Chapter
one hundred and forty-nine; clubs, associations dispensing food or
beverage
licenses, section twenty-one E of Chapter one hundred and forty; dog
licenses,
section one hundred and thirty-seven of Chapter one hundred and
forty;
fishing, hunting, trapping licenses, section twelve of Chapter one hundred
and thirty-one;
marriage licenses, section twenty-eight of Chapter two hundred
and
seven; and theatrical events, public exhibition permits, section one hundred
eighty-one
of Chapter one hundred and forty.
E.
Notice, Hearing and Appeals Procedure
Section
I – Definitions
“Party”
includes, but is not limited to, the following:
(a) Any
person or entity whose name appears on the Tax Delinquent List
furnished
by the Treasurer/Tax Collector.
(b) Any
person or entity who makes or has made application for a building
permit
or local license or permit, or to whom such a permit has been
issued,
by virtue of which any activity, event or other matter is or is to be
carried
out or exercised on or about real estate owned by any party whose
name
appears on the list furnished to the licensing or permitting authority
from
the Treasurer/Tax Collector.
(c) The
Treasurer/Tax Collector shall be a party in all cases.
Section
II - Authority
The
ordinance requires that the Tax Collector or other municipal official
responsible
for records of all municipal taxes, assessments, betterments and
other
municipal charges, hereinafter referred to as the Tax Collector, shall
annually
furnish to each department, board, commission or division, hereinafter
referred
to as the licensing authority, that issues licenses or permits including
3-15
renewals
and transfers, a list of any person, corporation, or business enterprise,
hereinafter
referred to as the party, that has neglected or refused to pay any
local
taxes, fees, assessments, betterments or other municipal charges for not
less
than a twelve month period, and that such party has not filed in good faith a
pending
application for an abatement of such tax or a pending petition before
the
appellate tax board.
The
licensing or permitting authority may deny, revoke or suspend any building
permits
or local license or permit, including renewals and transfers in
accordance
with the provision of Title III, WMC, §3-24.
Section
III - Form of Notice
(a) The
licensing or permitting authority shall give written notice to the party or
parties
as described in paragraphs (a), (b) and (c) of Section 1, by mailing a
copy of
said notice, first class mail, postage prepaid, return receipt
requested.
Notice
to a party as defined in paragraph (a) of Section shall be mailed to
the
party at (1) the property address; (2) the address to which the unpaid bill
was
sent by the Treasurer/Tax Collector, and (3) to the address, if different
from
those just described, as appears on the most current mailing address
list
compiled by the Board of Assessors.
(b)
Notice to a party as defined in paragraph (b) of Section 1 shall be sent to the
person
or entity by first class mail, postage prepaid, return receipt requested,
at the
mailing address as shown on the application being made or, if the
application
has been granted, to the mailing address as appears on both the
application
made and the building permit or local license or permit that was
issued.
(c) Notice
to the Treasurer/Tax Collector shall be sent to the Collector’s office at
City
Hall by first class mail, postage prepaid, return receipt requested.
(d) All
“notices” referred to herein shall be sent at least twenty-one days prior to
the
scheduled hearing date. The notice shall specify the date, time and
location
of the hearing and shall identify the parcel(s) of real estate to which
it
pertains. All notices shall contain the following language:
“If
special services, assistance or accommodation are required to participate
in this
hearing, please contact the undersigned at the phone number shown
above.”
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Section
IV – Agreements entered into with the Treasurer/Tax Collector
Every
party has an absolute right to enter into a payment agreement, as
provided
by state statute, with the city Treasurer/Tax Collector. When an
agreement
is entered into with the Treasurer/Tax Collector, the permit or license
shall
issue and be conditioned upon full compliance with said agreement.
The
following language shall be inscribed upon every permit or license issued
upon
the condition that an agreement entered into with the Treasurer/Tax
Collector
be complied with:
“This
permit [or license] is issued upon the condition that the terms of an
agreement
entered into between ___________________ and
________________
the
Treasurer/Tax Collector be complied with. Failure to comply with the terms
of said
agreement shall result in the suspension or revocation of this permit [or
license]
following notice and a hearing .”
Any
permit or license sought by a person or entity who has already entered into
a
payment agreement with the Treasurer/Tax Collector shall, if issued, be
conditioned
upon compliance with any and all agreement(s) previously entered
into
between the person or entity and the Treasurer/Tax Collector
Any
party who fails to comply with the terms of such an agreement upon which
a
license or permit is conditionally issued shall be subject to all of the
provisions
for denial,
revocation or suspension as provided herein, i.e. upon receipt of
notice
from the Treasurer/Tax Collector that said agreement has been
breached.
Said notice shall contain a hearing date on which said license or
permit
may be revoked or suspended. All of the provisions as to notice and
hearing,
as contained herein, shall apply to a hearing held to revoke or suspend
a
permit or license issued upon the condition that an agreement with the Tax
Collector
be complied with.
Section
V - Hearings
No
hearing shall be held earlier than fourteen (14) days, excluding the day of
mailing,
after “Notice” has been mailed. Every party shall have the right to be
represented
by counsel and present evidence at such hearing.
The
hearing shall be conducted by the permit granting or licensing authority to
whom or
to which application would be made in the first instance. In the case of
a
building or occupancy permit, the Building Inspector shall conduct the hearing;
permits
or licenses within the jurisdiction of the Woburn License Commission by
3-17
said
commission; those permits or licenses within the jurisdiction of the Board of
Health,
by the Board of Health Director; permits or licenses within the
jurisdiction
of the Department of Public Works, by the Superintendent of Public
Works,
and in like manner for the city’s other departments.
Hearings
to revoke, suspend or deny licenses or permits issued by the Building
Inspector,
Department of Public Works, Board of Health, Fire Department,
Police
Department may be conducted by the person who issues said permits in
the
first instance. The vote to revoke, suspend or deny any license or permit
which
may be issued by any council, board or commission of the city shall be
the
same as that required to issue said license or permit in the first instance.
Section
VI - Waivers
Waivers,
as authorized under WMC, Title III, SECTION 3-24, par. (d) shall be
granted
or denied by the City Council following notice and a hearing, as
provided
for and described above. The vote to grant a waiver shall be made by
a
majority of the council.
Section
VII - Decisions
A
written decision shall issue not later than forty-five (45) days from the
conclusion
of the hearing, and a copy of which shall be filed with the City Clerk.
The
City Clerk shall mail a copy of said decision to all parties within five (5)
business
days of its filing.
Section
VIII – Appeals
A
party’s appeal from action which results in the denial, revocation or
suspension of
a
license or permit, or an appeal from the denial of a waiver by the City
Council,
shall
be by Writ of Certiorari filed in the Superior Court.
In the
event that the permitting or licensing authority refuses to deny, revoke or
suspend
a license or permit, or the city council grants a waiver with which the
Treasurer/Tax
Collector disagrees, the city Treasurer/Tax Collector shall have the
right
to appeal said refusal or action of the council by filing a Writ of Certiorari
with
the
Superior Court.
(added
by Ord. dated 08/15/90; amended 3/20/2003; amended 4/9/2003).
V.
ASSISTANCE PROGRAMS
3-25
Senior Citizen Property Work-Off Program
3-18
A.
Program Goals
1. To
assist senior citizens of the City of Woburn with payment of residential
2. To
increase the involvement of senior citizens in the municipal government
3. To
acknowledge and affirm the skills and abilities of Woburn senior citizens
property
tax bills.
and the
school system of the City of Woburn.
and the
community’s continuing needs for their services.
B.
Eligibility Requirements
1. An
applicant must meet or exceed the following requirements in order to be
eligible
to participate in the program:
a. Must
have attained the age of 60 years.
b. Must
own and reside in a home in the City of Woburn or be the current
spouse
of such a homeowner residing in the same household.
c. Must
be a resident of the City of Woburn.
d. Must
own and occupy the residential property for which real estate taxes
are
paid to the City of Woburn by the applicant and on which a rebate is
requested.
C.
Employment Opportunities
1.
There must be a request for assistance under the program by municipal or
school
department offices based upon the needs of the municipal or school
department
offices.
2. The
employment opportunities include but are not limited to municipal
offices,
classrooms, libraries, clinics and special projects.
D.
Selection Process
1. An
applicant must meet eligibility requirements set forth in 3-25(B) herein.
2. The
applicant must have the appropriate skills necessary for the position.
3. The
department head and the applicant must agree and assent to the
assignment
of an applicant to a particular department.
4. The
Council on Aging Director may coordinate and execute the program.
E.
Rebate Guidelines
1. The
rate of pay for each individual will be $5.25 per hour.
2. The
maximum rebate paid to any individual shall be $525.00 per fiscal year
per
household.
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3. The
maximum number of compensated hours worked by an individual shall
be 100
hours per fiscal year.
4. The
maximum number of participants in the program each year shall be
subject
to an appropriation of funds for the program in the Annual Municipal
Budget,
however the number of participants shall not exceed twenty-five (25)
seniors
during any fiscal year.
5. Upon
completion of 100 hours of work service or a fraction thereof, a
$525.00
check will be issued when the assignment is completed.
6. The
maximum compensation to be paid to any senior during a program year
shall
be of $525.00 per year (100 hours @ $5.25 per hour). Applicants shall
be
aware that the compensation paid is considered taxable income although
the
City of Woburn is not obligated to issue an I.R.S. Form 1099 for
payments
less than $600.00.
F.
Applications
1. The
City of Woburn Council on Aging Director shall monitor and supervise
the
program.
2.
Applications for such program, including but not limited to the forms of
application,
required supporting documentation and limitations on time
period
for the application process each fiscal year, shall be prepared by the
Council
on Aging Director in conjunction with the Human Resource Director
in a
form suitable to meet the goals of this Ordinance.
G.
Applicant Limitations
1.
Participants from previous years are encouraged to apply, however their
applications
shall be considered after all new program applicants have
participated
in the program in order to permit more senior citizens an
opportunity
to participate in the program.
2.
Acceptance is based on the ability of the applicant to perform tasks required
in
available positions.
3.
Placements are decided by the Council on Aging Director and the Human
Resource
Director based on skills and interest of the applicants and needs
of the
various departments. Requests for certain position by applicants will
be
considered, however applicants must be willing to accept a position when
offered
based on the offer made by the Council on Aging Director.
4.
Applicants have the right to refuse placements, but each applicant will be
taken
on a maximum of two interviews. Applicants may have the option to
defer
placement in a position pending the possibility of other opportunities,
however,
there is no guarantee other positions will become available.
3-20
3-26
Water and Sewer Enterprise Fund
The
allocation of Indirect Costs to each department in the annual budget of the
City of
Woburn
Water and Sewer Enterprise Fund shall be as follows:
City
Council .......................................................5%
Mayor
................................................................10%
City
Auditor........................................................10%
Purchasing
Agent ..............................................10%
Assessors..........................................................1%
City
Treasurer/Collector ....................................30%
City
Solicitor ......................................................15%
Data
Processing ................................................15%
City
Clerk...........................................................1%
Human
Resources.............................................10%
Conservation
.....................................................10%
Planning
............................................................10%
Police
................................................................1%
Fire
....................................................................1%
Inspection
Services ...........................................10%
City
Engineer.....................................................50%
DPW
Administration Salary ...............................50%
DPW
Building Salary .........................................10%
DPW
Highway Salary ........................................30%
DPW
Overtime ..................................................30%
DPW
Admin Maintenance .................................50%
DPW
City Hall Maintenance ..............................50%
DPW
Vehicle Insurance ....................................30%
DPW
Public Buildings Insurance ......................50%
DPW
Surface Drainage .....................................22.5%
DPW
Street Maintenance..................................21%
DPW
Snow Removal.........................................22.5%
DPW
Traffic Control ..........................................22.5%
DPW
Street Lighting..........................................22.5%
DPW
Repair and Resurface ..............................22.5%
DPW
Sidewalk Repair .......................................22.5%
DPW
City Garage..............................................22.5%
DPW
Telephone................................................22.5%
DPW Gas
and Oil ..............................................22.5%
DPW
Trucks and Equipment .............................30%
DPW
Public Buildings Maintenance ..................22.5%
DPW
Outlays.....................................................22.5%
Board
of Health .................................................1%
3-21
Retirement.........................................................2%
Non-Contributory
Retirement.............................8.5%
Workers
Compensation.....................................12.64%
Unemployment
Compensation ..........................5.59%
Health
Insurance ...............................................3.10%
Medicare
...........................................................4.70%
(added
9/17/2003)
3-22