2018-job creation clean version — File 205251

Page 1 CITY OF SOMERVILLE ORDINANCE NO. 2018-____ In Board of Aldermen__________ Be it ordained by the Board of Aldermen, in session assembled, that Chapter 7 of the Code of Ordinances is hereby amended by adding the following new Article: ARTICLE ____ - SOMERVILLE MUNICIPAL JOB CREATION AND RETENTION TRUST FUND Sec. 7-103. - Creation of trust/purpose. In accordance with Chapter 199 of the Acts of 2016, there is hereby established a trust to be known as the Somerville Municipal Job Creation and Retention Trust Fund (the "trust"). The purpose of the Trust is to assist in the creation and maintenance of employment opportunities within the City of Somerville for the citizens of the City of Somerville. Sec. 7-104. - Board of trustees. The Board of Trustees shall be composed of the following representatives: o Mayor of Somerville or designee; o Board of Aldermen President or designee; o Representatives of two workforce development non-profits for a period of three years; o Two Somerville residents for a period of three years, with a preference that one resident have participated in a workforce development program in the City of Somerville; o Representatives of two local businesses for a period of three years; and o Superintendent of Schools or designee. Those members of the board who are not serving in an ex officio capacity shall be appointed by the mayor, subject to the confirmation of the Board of Aldermen, and are designated as public agents for purposes of the constitution of the Commonwealth.

Page 2 In order to stagger the terms of the non-ex-officio members, the initial appointments of one of the two representatives of the workforce development non-profit members, one of the two Somerville residents, and one of the two representatives of the Somerville local businesses shall be for two years. A vacancy in any of the non-ex-officio members appointed shall be filled by the Mayor, subject to Board of Aldermen approval. Sec. 7-105. - Powers of trustees. The trustees shall have all of the powers expressly enumerated in Chapter 199 of the Acts of 2016, as it may be amended from time to time, and shall have the power to make grants and loans upon such terms, as the board shall, in its sole discretion, deem advisable. Sec. 7-106. - No necessity for appropriation of monies. Notwithstanding any provisions of any general or special law to the contrary, all monies paid to the trust in accordance with any zoning ordinance or by-law, exaction fee, or private contributions, shall be paid directly to the trust, and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property; and to be expended, these funds do not need to be further appropriated. All monies remaining in the trust at the end of any fiscal year, whether or not expended by the board within one year of the date they were appropriated into the trust, remain trust property. Sec. 7-107. - Public employees. The trust is a public employer and the members of the board are public employees for purposes of M.G.L. c. 258. Sec. 7-108. - Special municipal employees. The trust shall be deemed a municipal agency and the trustees special municipal employees, for purposes of M.G.L. c. 268A. Sec. 7-109. - Tax exemption. The trust is exempt from the provisions of M.G.L. c. 59 and c. 62 and from any other provisions concerning the payment of taxes based upon or measured by property or income imposed by the commonwealth of any political subdivision thereof. Sec. 7-110. - Annual audit. The books and records of the trust shall be audited annually by an independent auditor in accordance with accepted accounting practices.

Page 3 Sec. 7-111. - Filing with city clerk. The declaration of trust, which establishes and controls the trust fund, shall be filed in the office of the city clerk. Sec. 7-112. - Governmental body. The trust is a governmental body for purposes of M.G.L. c. 39, §§ 23A, 23B, and 23C. Sec. 7-113. - City board. The trust is a board of the city for purposes of M.G.L. c. 30B and M.G.L. c. 40, § 15A, provided that M.G.L. c. 30B procedures need not be followed in the making of grants and loans to nonprofit organizations for the purposes of furthering the purpose of the trust, but only in the procurement of goods and services on behalf of the trust. Approved: ________________________ President Board of Aldermen