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8-1.4   Maintenance and Repair Powers of School Committee.
   Nothing in this Section shall be interpreted as abridging the exclusive power and authority of the School Committee to perform necessary alterations (as defined in Section 3 of Chapter 642 of the Acts of 1966), maintenance and repairs of public school buildings and their yards and furnishings, nor the employment of schoolhouse custodians.
(Ord. 1972 c. 18; CBC 1975 Ord. T8 § 4; CBC 1985 8-1.4)
Cross-reference:
   Ord. Section 19-1
8-2   BOSTON URBAN HOMESTEAD PROGRAM.
8-2.1   Urban Homestead Program.
   There shall be, within the Public Facilities Commission created by Chapter 642 of the Acts of 1966, a Committee to be known as the Boston Urban Homestead Committee, which shall consist of all the members of said Commission, the City Auditor, or his or her designee, one member appointed by the Mayor for a term of five years from two nominees of the Greater Boston Real Estate Board, one member regularly employed as a mortgage-lending officer of an institution subject to the terms of M.G.L. Chapter 167, Section 52 to be appointed by the Mayor for a period of five years, the Commissioner of Real Property, or his or her designee, and two low-income residents of the city appointed by the Mayor for a term of five years who neither own, directly or indirectly, or manage real property to a greater extent than three housing units. The members appointed by the Mayor (except for those serving ex officio) shall be deemed to be Special Municipal Employees for the purposes of M.G.L. Chapter 268A. All members shall serve without compensation. Any vacancy shall be filled in like manner as the member vacating the appointment, for a similar term as the original appointee. The Director of the Commission shall serve as Director of the Committee, without further compensation.
(Ord. 1973 c.13; CBC 1975 Ord. T8 § 6; CBC 1985 8-2.1)
Cross-reference:
   St. 1966 c. 642; M.G.L. Chapter 167, Section 52; Ord. Section 6-1; Ord. Section 8-1; Ord. ss 11-7.1
8-2.2   Powers and Duties of Committee.
   The said Committee shall, from time to time, prepare and distribute lists of city owned residential structures, which for the purposes of this Section shall be determined to be buildings containing at least one and not more than four dwelling units, and not more than one business or commercial unit. Upon application of any person who is a bona fide resident of the city, or on its own initiative, the Committee shall determine whether any such structure is suitable for rehabilitation under the Urban Homestead Program. In the event that the Committee determines the structure suitable, it shall request the Commission to assume the care, custody and control of the same from the Real Property Department and if, in the opinion of the Commission, the same is not needed for municipal purposes nor likely to be used for a public purpose, the structure (and the parcel of land on which it is situated) shall be declared available for lease and sale under the provisions of the Urban Homestead Program. The said Committee shall prepare, and, from time to time, amend, a standard leasehold agreement to be executed for consideration of $1 by individuals taking an interest in any such structure. Every such agreement shall provide that the lessee shall reside in the demised structure for a period of not less than five years from the date that the Commissioner of Housing Inspection shall certify the same to be in compliance with the commonwealth’s Sanitary Code as applies to residential structures and the Building Commissioner shall certify the same to be in compliance with the terms of the building code then in effect (considering any allowances the code may make for preexisting conditions or construction), whichever is later. The said agreement shall provide that, unless the Committee shall extend the time, the lessee shall do everything necessary to secure such certificates, and shall actually obtain such certificates, within 18 months of the execution of such agreement. The said agreement shall further provide that no tax or payment in lieu of tax shall be due to the city for a period of 60 months after execution, and that a payment in lieu of tax, approximately equal to one-twelfth of the tax that would ordinarily be assessed on that building in the then-current year, shall be payable to the city as an ordinary debt of the lessee for each month over 60 months that the lease is in effect, and that the City shall, at the end of the month of December following the expiration of 60 months from the later of the dates of certificate, execute and deliver to the lessee for a consideration of $1 a deed conveying title in fee simple to said premises. In the event that a lessee has obtained a mortgage from an institution subject to the terms of M.G.L. Chapter 167, Section 52, and has used the proceeds thereof solely for the purposes of rehabilitating said premises, the city shall agree to subjugate its rights to said premises in case of default, and shall agree that in such case it will execute and deliver a deed conveying title in fee simple to such institution; provided that the said institution shall dispose of such property in like manner as foreclosed real estate and shall pay over any part of the proceeds of such disposition as shall exceed the amount remaining to be paid on account of such a mortgage, together with the actual cost of such sale, to the city. The Committee shall, from time to time, with the approval of the Mayor and City Council, promulgate, amend and repeal reasonable regulations for the conduct of the Urban Homestead Program not inconsistent with this Section. The aforementioned leasehold agreement shall be in a form approved by the Mayor and Boston City Council and shall be executed by the said Commission in the name of the city without the further approval of any Board, Officer or of the City Council. The Committee may, without further approval, accept by gift, title to any property situated in Boston it deems suitable for the Urban Homestead Program provided the same is conveyed to it clear of any mortgage, lien, attachment or other encumbrance which would prevent the lease or conveyance of the same, as aforesaid.
(Ord. 1973 c. 13 § 2; CBC 1975 Ord. T8 § 7; CBC 1985 8-2.2)
Cross-reference:
   Ord. Section 2-7; Ord. Section 2-8; Ord. Section 3-1; Ord. Section 9-1; Ord. ss 11-7.6; St. 1938 c. 479
8-2.3   Application for Lease.
   (A)   The Committee shall receive from any person, except any person who has in the five years next preceding owned, directly or indirectly, any parcel of land in the city which was subject of a taking by the said city, duly recorded in the Suffolk County Registry of Deeds, by reason of nonpayment of a tax or lawful charge or assessment, applications for participation in the Urban Homestead Program. The Committee shall satisfy itself that the applicant has the ability to rehabilitate the structure which the applicant proposes to lease. In arriving at its determination, the Committee shall consider the following:
      (1)   The condition of the structure;
      (2)   The personal abilities of the applicant;
      (3)   Assets of the applicant;
      (4)   Mortgage commitments; and
      (5)   Availability of financing.
   (B)   In the event the Committee so satisfies itself, it shall declare the applicant eligible to lease the structure applied for.
(Ord. 1973 c. 13 § 3; CBC 1975 Ord. TS § 8; CBC 1985 8-2.3)
8-2.4   Decisions by Committee.
   In the event that only one person has made application for a particular structure, and has been found eligible to lease the same, the Committee shall execute and deliver a lease as aforesaid, and, in the event that more than one applicant has been determined to be so eligible to lease a particular building, the said Committee shall conduct a drawing by lot, open to the public, and shall execute and deliver a lease to that applicant so selected; provided however, that no lease shall be executed unless the particular property to be demised has been advertised in a newspaper of general circulation in the city at least twice, seven days apart, the second advertisement to be published at least 14 days before the last date for applications to be filed.
(Ord. 1973 c. 13 § 4; CBC 1975 Ord. T8 § 9; CBC 1985 8-2.4)
8-2.5   Consent of Committee.
   Any lease given hereunder may be assigned with the consent of the Committee, which shall not be unreasonably withheld. The Committee may terminate a lease or make other equitable adjustment in the case of death or disability of the lessee.
(Ord. 1973 c. 13 § 5; CBC 1975 Ord. T8 § 10; CBC 1985 8-2.5)
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